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1 - 10 of 16 (1.13 seconds)Article 17 in Constitution of India [Constitution]
Section 37 in The Income Tax Act, 1961 [Entire Act]
Article 15 in Constitution of India [Constitution]
Article 11 in Constitution of India [Constitution]
Commissioner Of Income-Tax, Madras vs K. Srinivasan And K. Gopalan on 22 December, 1952
24. The learned departmental representative referred to the decision of the
honourable Supreme Court in case of CIT versus K Srinivasan (1972) 83 ITR
346 and submitted that education cess is part of 'tax' and therefore same is
not allowable either u/s 37 (1) of the act and further as it is not an
allowable expenditure the applicability of provisions of Section 40 (a) does
not arise at all.
Perfetti Van Melle India Pvt. Ltd., ... vs Acit, Circle-3(1), Gurgaon on 22 September, 2021
25. We have carefully considered the rival contentions and pursued the various
judicial precedents cited before us. We have appreciated the arguments of
the ld DR . However the judicial precedents cited before us of Honourable
Bombay and Rajasthan High court bind us. We find that this issue is
squarely covered in favour of the assessee by the decision of Honourable
Bombay high court in case of Sesa Goa Limited [2020] 117 taxmann.com 96
(Bombay)/[2020] 423 ITR 426 (Bombay )and Honourable Rajasthan High
court in case of Chambal fertilizers Limited[2019] 107 taxmann.com 484
(Rajasthan). Coordinate bench in Perfetti Van Melle India Pvt. ... vs Acit,
Circle-3(1), Gurgaon on 22 September, 2021 I.T.A. No. 463/Del/2021 has
already considering all the arguments has allowed the claim of the
assessee. Therefore respectfully following the same, we direct the ld AO to
allow assessee the deduction of cess u/s 37 (1) of the act. Accordingly,
additional ground of appeal is allowed.