Supreme Court - Daily Orders
Pr. Commissioner Of Income Tax 5 vs M/S Chambal Fertilizers And Chemicals ... on 14 December, 2022
Author: M.M. Sundresh
Bench: M.M. Sundresh
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(@SLP(C) No. 7379 OF 2019)
JOINT COMMISSIONER OF INCOME TAX-2,
KOTA ..... APPELLANT
VERSUS
M/S. CHAMBAL FERTILISERS & CHEMICALS
LIMITED ..... RESPONDENT
O R D E R
Leave granted.
Learned senior advocate appearing on behalf of the respondent-assessee states that in view of the amendment vide the Finance Act, 2022 with retrospective effect from 01.04.2005 to Section 40(a) (ii) of the Income Tax Act, 1961, the present appeal has to be allowed.
In view of the statement made, we direct that the Education cess paid by the respondent-assessee would not be allowed as an expenditure under Section 37 read with 40 (a)
(ii) of the Income Tax Act, 1961.
Learned senior advocate appearing on behalf of the Signature Not Verified respondent-assessee Digitally signed by states that they have also paid the BABITA PANDEY Date: 2022.12.15 17:44:50 IST Reason:
applicable tax on the disallowance.2
Recording the above, the appeal is allowed in the aforesaid terms, without any order as to costs.
Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;
DECEMBER 14, 2022.
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ITEM NO.48 COURT NO.8 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 6655/2019
(Arising out of impugned final judgment and order dated 31-07-2018 in DBITA No. 68/2018 passed by the High Court of Judicature for Rajasthan at Jaipur) PR. COMMISSIONER OF INCOME TAX 5 Petitioner(s) VERSUS M/S CHAMBAL FERTILIZERS AND CHEMICALS LTD. Respondent(s) WITH SLP(C) No. 7379/2019 (XV) Date : 14-12-2022 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Sanjay Jain, ASG Ms. Deepanwita Priyanka, Adv. Mr. Rupesh Kumar, Adv.
Mr. Padmesh Mishra Adv Mr. Arkaj Kumar, Adv.
Ms. Tanya Aggarwal, Adv. Mr. Dharma Dutta Verma, Adv. Mr. Raj Bahadur Yadav, AOR Mrs. Anil Katiyar, AOR For Respondent(s) Mr. Ajay Vohra, Sr. Adv. Mr. Aniket D. Agrawal, Adv. Ms. Manisha Sharma, Adv. Mr. Samarth Chaudhari, Adv. Ms. Kavita Jha, AOR 4 UPON hearing the counsel, the Court made the following O R D E R SLP (C) No. 6655/2019 List on a non-miscellaneous day in the month of March, 2023.SLP(C) No. 7379/2019
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Singed order is placed on the file)