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Documents citing The Principal Commissioner Of Income ... vs Cims Hospital Pvt. Ltd. on 25 February, 2020

Indrani Patnaik, Rourkela vs Dcit, Rorukela Circle, Rourkela on 26 August, 2020

The judgement of Hon'ble Supreme Court in the case of Maxopp Investment Ltd (supra) and Hon'ble Gujarat High Court in the case of CIMS Hospital Pvt Ltd (supra) are binding on all the authorities below including the Tribunal. Therefore, respectfully following the same we hold that the addition made by the AO and confirmed by the ld CIT(A) under section 14A of the Act r.w. Rule 8D of I.T.Rules is not valid and sustainable. Therefore, we direct the AO to delete the addition. Our P a g e 64 | 68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela conclusion on this issue would apply mutatis mutandis to the assessment year 2013-14. Hence, Ground No.2 of appeal for both the assessment years is allowed.
Income Tax Appellate Tribunal - Cuttack Cites 32 - Cited by 2 - Full Document

Tarini Minerals Pvt. Ltd., Rourkela vs Acit, Rourkela on 28 January, 2021

The judgement of Hon'ble Supreme Court in the case of Maxopp Investment Ltd (supra) and Hon'ble Gujarat High Court in the case of CIMS Hospital Pvt Ltd (supra) are binding on all the authorities below including the Tribunal. Therefore, respectfully following the same we hold that the addition made by the AO and confirmed by the ld CIT(A) under section 14A of the Act r.w. Rule 8D of I.T.Rules is not valid and sustainable. Therefore, we direct the AO to delete the addition. Our conclusion on this issue would apply mutatis mutandis to the assessment year 2013-14. Hence, Ground No.2 of appeal for both the assessment years is allowed.
Income Tax Appellate Tribunal - Cuttack Cites 15 - Cited by 0 - Full Document

Hn Safal Infra Developer Pvt Ltd (On ... vs Principal Commissioner Of Income Tax, ... on 9 September, 2025

(i) Principal Commissioner of Income Tax V. CIMS Hospital (P.) Ltd. [2021] 125 taxmann.com 227 (Gujarat) "7. On perusal of the aforesaid provisions, it is clear that to determine the amount of expenditure incurred by the assessee in relation to the income which does not form part of the total income under the Act 1961, the Assessing Officer can apply the method to calculate such expenditure as provided under Rule 8D of the Rules 1962 only if the Assessing Officer having regard to accounts of the assessee is not satisfied with the correctness of the claim made by the assessee in respect of such expenditure in relation to the exempted income under the Act-1961. Thus, pre-condition for applying rule 8D of the Rules-1962, the Assessing Officer is required to be satisfied as provided in sub-section 2 of section 14A of the Act-1961.
Income Tax Appellate Tribunal - Ahmedabad Cites 8 - Cited by 0 - Full Document
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