Section 43B Archives - taxcaselaw.com

Punjab & Haryana H.C : The Tribunal erred in law in (in-effect) upholding the disallowance of Rs. 6,19,34,656/- which represented unutilized MODVAT credit of excise duty as on 31.3.1997 i.e. the end of the relevant accounting year, in terms of Section 43B of the Act

High Court Of Punjab & Haryana Glaxo Smithkline Consumer Healthcare Limited vs. Assistant Commissioner Of Income Tax Section 43B Asst. Year 1997-98 Ajay Kumar Mittal & Manjari Nehru Kaul, JJ. ITA No.403 of 2016 21st November, 2018 Counsel Appeared: Ajay Vohra, Sr. Adv., Rohit Jain, Vishal Gupta, Advs. for the Petitioner.: Urvashi Dhugga, Sr. Standing Counsel …

Madras H.C : The appellant is not entitled to the claim under u/s. 80IB

High Court Of Madras DXN Herbal Manufacturing (India) Pvt. Ltd. vs. ITO Section 80IB, 43B T. S. Sivagnanam & N. Seshasayee, JJ. T.C.(A) Nos. 341 & 342 of 2007 21st June, 2018 Counsel appeared: K. Ravi for the Appellant.: S. Rajesh for the Respondent T. S. SIVAGNANAM, J. These appeals by the assessee are directed against …

Delhi H.C : Unutilized MODVAT credit of earlier years amounting to Rs.77,55,78,738/-adjusted in the assessment year in question should be treated as actual payment of excise duty under Section 43B of the Income Tax Act, 1961

High Court Of Delhi CIT vs. Maruti Udyog Ltd. Section 43B, 14A Asst. Year 1999-00 S. Muralidhar & Prathiba M. Singh, JJ. ITA No. 250/2005 7th December, 2017 Counsel appeared: Ruchir Bhatia, Senior Standing Counsel, Puneet Rai, Junior Standing Counsel and Gaurav Kheterpal, Advocate for the Petitioner.: S. Ganesh, Senior Advocate with Kavita Jha, S. Sukumaran, …

Delhi H.C : Whether the ITAT erred in law in confirming the disallowance of the amount of Rs.3,27,83,128/-deposited by the Appellant in its Central Excise Personal Ledger Account (PLA) before 31st March 2000, i.e. the end of the relevant accounting year, even though the Assessee has already incurred liability of excise duty of Rs.12.27 crores?

High Court Of Delhi Maruti Udyog Ltd. vs. CIT Section 37, 43B, 145 Asst. Year 1999-00 S. Muralidhar & Prathiba M. Singh, JJ. ITA No. 31/2005 7th December, 2017 Counsel Appeared: S. Ganesh, Senior Advocate with Kavita Jha, S. Sukumaran, Anand Sukumar, Bhuwan Dhoopar, Roopali Gupta and Bhupesh Pathak, Advocates for the Petitioner.: Ruchir Bhatia, Senior …

S.C : Whether the assessee is entitled to claim deduction under Section 43B of the Income Tax Act, 1961 in respect of the excise duty paid in advance in the Personal Ledger Account (“PLA” for short)?

Supreme Court Of India CIT-II Vs. Modipon Ltd. Section 43B Assessment years 1993-94, 1996-1997 to 1998-99 Ranjan Gogoi And Navin Sinha, JJ. Civil Appeal Nos. 19763, 19767 To 19770 Of 2017 November Â 24, 2017Â JUDGMENT Ranjan Gogoi, J. – Leave granted in all the Special Leave Petitions. 2. Four of the present appeals involve the same …

Karnataka H.C : the profit and loss account was not an allowable deduction as the assessee had not established by adducing evidence that such payment had been made or before the due date as prescribed under section 139(1) of the Act

High Court Of Karnataka CIT vs. Digital Globalsoft Ltd. Section : 43B K.L. Manjunath And Mrs. B.V. Nagarathna, JJ. IT Appeal No. 3223 Of 2005 March 29, 2010 JUDGMENT Mrs. B.V. Nagarathna, J. – The Revenue has preferred this appeal by challenging the order dated June 20, 2005, passed in I.T.A. No. 1689/ Bang/2002 on the …

Calcutta H.C : The Tribunal below substantially erred in law in rejecting the contention of the Revenue asking disallowance of Rs. 22,30,581 and Rs. 14,294 made by the Assessing Officer under section 43B(e) read with Explanation 3D

High Court Of Calcutta CIT vs. Shreekant Phumbhra Section : 43B, 14A Assessment Year 2004-05 Girish Chandra Gupta And Arindam Sinha, JJ. IT Appeal No. 63 Of 2009 July 25, 2016 JUDGMENT 1. This appeal is directed against the judgement and order dated March 28, 2008 by which the learned Income-tax Appellate Tribunal, “D” Bench, Kolkata …

Karnataka H.C : The Commissioner was not justified in passing the order u/s. 263 of the Act on the ground that the order of assessment was not erroneous and prejudicial to the interest of the revenue as Assessing Officer has followed one of the permissible views in allowing the deduction of excise duty but without considering the fact that assessee has claimed such deduction twice

High Court Of Karnataka CIT, Bangalore vs. NCR Corporation India (P.) Ltd. Section : 43B, 145A, 263 Assessment Year : 2004-05 Jayant Patel And B. Sreenivase Gowda, JJ. IT Appeal No. 836 Of 2009 June 16, 2016 JUDGMENT Jayant Patel, J. – The present appeal has been admitted vide order dated 10.6.2010 on the following substantial …

Delhi H.C : The Assessee could be regarded as Assessee in default for failing to deduct tax at source in respect of payments made to AAR Aviation Trading Inc as required under Section 195

High Court Of Delhi Jet Lite (India) Ltd. vs. CITâ€“XVI Assessment Years : 1995-96 To 1999-2000 Section : 9, 10(15A), 195, 40(a)(i), 68, 37(1), 14A, 43B S. Muralidhar And Vibhu Bakhru, JJ. IT Appeal Nos. 204,205 Of 2002 And 128,1206 And 1209 Of 2005 And 86 Of 2011 November 4, 2015 JUDGMENT Introduction S. Muralidhar, J. …

Kerala H.C : the assessee whose contribution towards PF/ESI is not in consonance with the provisions of the Explanation to section 36(1)(va) is entitled to claim deduction of the same under Sec. 43B of the Income Tax Act

High Court Of Kerala CIT, Cochin vs. Merchem Ltd. Section : 36(1)(va), 2(24)(x), 43B Assessment Year : 2010-11 Antony Dominic And Shaji P. Chaly, JJ. IT Appeal No. 244 Of 2014 September 8, 2015 JUDGMENT Shaji P. Chaly, J. â€” This appeal is preferred by the Revenue against the order of the Income Tax Appellate Tribunal, …

Category: Section 43B