“chapter VIA deductions”

DeductionsChapter VI-AChapter VI-A29 judgments

The decision most relied on for chapter VIA deductions is PCIT v. Wipro Ltd. (140 Taxmann.com 223), cited in 192 judgments on BharatTax.

Leading authorities on chapter VIA deductions

PCIT v. Wipro Ltd.

140 Taxmann.com 223 · 2022 · Supreme Court

192

citing judgments

Exemption provisions under Chapter III, such as Section 10B(8), must be interpreted strictly, and any claim for such exemptions must be made in the return of income. The principles governing Chapter III (incomes not forming part of total income) differ from those for Chapter VIA (deductions in computing total income).

ITO v. Kewal Construction

354 ITR 13 · 2013 · High Court

citing judgments

When a disallowance under section 40(a)(ia) of the Income-tax Act increases the profit of the assessee, deductions under Chapter VIA of the Act should be allowed on this enhanced profit.

CIT v. Sheth Developers (P) Ltd.

25 Taxmann.com 173 · 2012 · High Court

citing judgments

Deduction under Chapter VIA of the Income-tax Act is not barred merely because unexplained money was found, provided the assessee can explain the source of such money.

CIT v. Kribhco

349 ITR 618 · 2012 · High Court

citing judgments

Section 14A, read with Rule 8D, is not applicable to income deductible under Chapter VIA of the Income-tax Act, such as income eligible for deduction under Section 80P(2)(d).

CIT v. Shirke Construction Equipment Pvt. Ltd.

291 ITR 380 · 2007 · Supreme Court

citing judgments

Brought forward losses and unabsorbed depreciation of earlier years must be set off against the income of the current year before calculating deductions under Chapter VIA of the Act, including those under Section 10A.

Judgments citing chapter VIA deductions

Meka Kasi Viseswarudu, Vizianagaram vs. The Income Tax Officer, Ward-1, Vizianagaram

In the result, appeal of the assessee is allowed for statistical purpose

ITA 212/VIZ/2020[2012-13]Status: DisposedITAT Visakhapatnam14 Jul 2023AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.212/Viz/2020 (ननधधारण वर्ा / Assessment Year : 2012-13) Meka Kasi Visweswarudu Vs. Income Tax Officer K-5 Pradeep Nagar Ward-1 Vt Agraharam Vizianagaram Vizianagaram [Pan : Abvpm2320H] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri YA Rao, ARFor Respondent: Shri ON Hari Prasada Rao, DR

Section 143(2)Section 143(3)

case are that the assessee, an individual, filed his return of income on 31.03.2014, admitting total income at Rs.2,48,000/- after claiming Chapter VIA deductions of Rs.1,00,000/-. The case was selected for scrutiny under CASS to examine the cash deposits and capital gains. Accordingly, notice

Suajkishan Deokishan Thanvi, Silvassa vs. Income Tax Officer, Income Tax Officer Ward2, Vapi

In the result, appeal of the assessee is allowed in above terms

ITA 145/SRT/2021[2010-11]Status: DisposedITAT Surat18 Apr 2023AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.145/Srt/2021 ("नधा"रणवष" / Assessment Year: (2010-11) (Virtual Court Hearing) Suajkishan Deokishan Income Tax Officer Thanvi, B/204, Mayuri Ward-2, Vapi (Camp At Silvassa), Vs. Apartment, Amli Road, First Floor, Vee Bee Mall, Nr. Civil Silvassa-396230 Court, Tokarkhada, Silvassa-396230 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acypj 7355 D (अपीलाथ" /Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By : Shri Satyadev Purohit, C.A & Shri Rajendra Joshi, Ar राज"व क" ओर से /Respondent By: Shri Vinod Kumar, Sr-D.R

For Appellant: Shri Satyadev Purohit, C.A &For Respondent: Shri Vinod Kumar, Sr-D.R

Section 144Section 147Section 148Section 194J

Source (TDS) has already been deducted and Assessing Officer did not give benefit of TDS deducted on the professional receipts and benefit of chapter VIA deductions. Therefore, the Ld. Counsel contended that assessee should be given benefit of TDS deducted on his professional receipts and assessee is also entitled ... benefit of Chapter-VIA deduction, such as under section 80CCC/80D of the Act. Therefore, ld Counsel contended that assessee should be given benefit of TDS deducted and deduction available in chapter VIA of the Income Tax Act. 7. On the other hand, Ld. Sr-DR for the Revenue submitted that

The Assistant Commissioner of Income-Tax-2(1)Bhilai, Bhilai(Cg) vs. M/S Sms Shivnath Infrasstructure Pvt Ltd., Durg, Durg(Cg)

In the result, appeal of the revenue in ITA No

ITA 87/BIL/2017[2012-13]Status: DisposedITAT Raipur27 Mar 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.87/Rpr/2017 (ननधाारण वषा / Assessment Year :2012-2013) Acit-2(1), Bhilai Vs M/S Sms Shivnath Infrastructure Pvt Ltd.,Toll Plaza, Near Dhamdhanaka, Durg. Pan No. :Aadcs 2258 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.107/Rpr/2016 (ननधाारण वषा / Assessment Year :2012-2013) M/S Sms Shivnath Infrastructure Vs Pr.Cit-2, Raipur Pvt Ltd.,Toll Plaza, Near Dhamdhanaka, Durg. Pan No. :Aadcs 2258 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Kapil Hirani, Adv. & MukeshFor Respondent: Shri Debashis Lahiri, CIT-DR

Section 115JSection 143(3)Section 250(4)Section 36Section 80ISection 80l

contentious one. However the courts have generally held that if the expenditure disallowed is related to the business activity against which the Chapter VIA deductions has been claimed 14 ITA No.87/RPR/2017 & ITA No.107/RPR/2016 the deduction needs to be allowed on the enhanced its. Some illustrative cases upholding this view

M/S Sms Shivnath Infrastructure Pvt Ltd, Durg(Cg) vs. The Pr. Commissioner of Income Tax-2, Raipur (Cg)

In the result, appeal of the revenue in ITA No

ITA 107/BIL/2016[2011-12]Status: DisposedITAT Raipur27 Mar 2023AY 2011-12

For Appellant: Shri Kapil Hirani, Adv. & MukeshFor Respondent: Shri Debashis Lahiri, CIT-DR

Section 115JSection 143(3)Section 250(4)Section 36Section 80ISection 80l

Savita Oil Technologies Ltd, Mumbai vs. DCIT Cen Cir 47, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 867/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Jun 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.867/Mum/2014 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Savita Oil बिधम/ Dcit, Central Circle-47 Technologies Ltd. Aayakar Bhavan, M. K. Vs. 66/67, Nariman Bhavan, Road, Mumbai-400020. Nariman Point, Mumbai- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacs7934A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hiro Rai Revenue By: Shri Sanjeev Kashyap सुनवाई की तारीख / Date Of Hearing: 26/05/2022 घोषणा की तारीख /Date Of Pronouncement: 24/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax(A)-38, Mumbai Dated 21.11.2013 For The Assessment Year 2008-09. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice 2. That The Following Grounds Raised By The Assessee Is Neither Being Pressed Nor Does They Survive For The Reasons Given Therein As Under: - “(I) Ground.4- Disallowance U/S 14A In View Of Order Giving Effect To Cit(A) Order & Order U/S 154, Not Pressed Qua Balance Disallowance Of Rs.7,74,722/- (Ii) Ground No. 5 Disallowance As Capital Expenditure Since Depreciation (Ground No.6) Allowed, Not Pressed. (Iii) Ground No. 6 – Allowance Of Depreciation In Order U/S 154, Ao Has Allowed Depreciation. Hence, Does Not Survive.

For Appellant: Shri Hiro RaiFor Respondent: Shri Sanjeev Kashyap

Section 143(3)Section 14ASection 154Section 158BSection 80Section 801ASection 80I

decision of the Hon’ble Bombay High Court had held that trial production does not amount to manufacture for the purposes of Chapter VIA deductions. And the Ld. Counsel pointed out that this assessment order for AY 1998-99 had become final and there is no change in respect ... Savita Oil Technologies Ltd. AY 1998-99. According to Ld. Counsel, the position in law is very clear that for the purposes of Chapter VIA deductions, it is the commercial production and not trial-run/production which will determine the first year of the allowance of the claim. In this

ACIT, New Delhi vs. M/S Krishak Bharati Cooperative Ltd., New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2973/DEL/2017[2011-12]Status: DisposedITAT Delhi29 Dec 2021AY 2011-12

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

under the Act by applying provisions of Chapter IV, V and VI. From this income, deductions are permitted and allowed in terms of Chapter VIA. Deductions do not mean that deduction allowed has the effect that the income, on which deduction is allowed, ceases to be part of the total ... basis of above decision, it has been claimed that provisions of Section 14A are not applicable in respect of income on which Chapter VIA deductions have been claimed. 3.2.7 Apart from the above, it has been contended before the undersigned that appellant society does not have any department or staff

ACIT, New Delhi vs. M/S Krishak Bharati Cooperative Ltd., New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2972/DEL/2017[2010-11]Status: DisposedITAT Delhi29 Dec 2021AY 2010-11

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

M/S. Krishak Bharti Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2342/DEL/2017[2011-12]Status: DisposedITAT Delhi29 Dec 2021AY 2011-12

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

M/S. Krishak Bharti Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2341/DEL/2017[2010-11]Status: DisposedITAT Delhi29 Dec 2021AY 2010-11

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263