2021 (1) TMI 825

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uggal, DR ORDER PER N.K. PRADHAN, A.M. The appeal filed by the assessee is directed against the order passed by the Assistant Commissioner of Income Tax, 10(3)(1), Mumbai u/s 143(3) r.w.s. 144C(3) of the Income Tax Act, 1961 (the Act). 2. In the beginning of hearing, the Ld. counsel for the appellant submits that the 1st, 2nd and 3rd grounds of appeal are not pressed only due to smalln....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Ld. counsel submits that the judicial position on admissibility of deduction for amounts paid towards education cess and secondary & higher education cess is now settled pursuant to the decision of the Hon'ble Bombay High Court in the case of Sesa Goa Ltd. v. JCIT (2020) 117 taxmann.com 96 and the Hon'ble Rajasthan High Court in the case of Chambal Fertilizers & Chemicals Ltd. v. CIT (ITA No. 52....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....isions are given below. In Sesa Goa Ltd. (supra), the following substantial question of law inter alia was raised : "(iii) Whether on the facts and in the circumstances of the case and in law, the Education Cess and Higher and Secondary Education Cess is allowable as a deduction in the year of payment." The Hon'ble Bombay High Court has observed that the legislature in Sec. 40....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ervations, the Hon'ble High Court has concluded that now when the legislature had not provided for any prohibition on the deduction of any amount paid towards "cess" in clause (ii) of Sec. 40(a), therefore, holding to the contrary would amount to reading something which is not to be found in the text of the provision of Sec. 40(a)(ii). Accordingly, the Hon'ble High Court has concluded that there w....