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Case Law Details

Case Name : JCIT Vs Chambal Fertilisers & Chemicals Limited (Supreme Court of India)
Appeal Number : Civil Appeal No. __ of 2022 (@SLP(C) No. 7379 of 2019)
Date of Judgement/Order : 14/12/2022
Related Assessment Year :
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JCIT Vs Chambal Fertilisers & Chemicals Limited (Supreme Court)

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 respondent-assessee states that they have also paid the applicable tax on the disallowance.

Recording the above, the appeal is allowed in the aforesaid terms, without any order as to costs.

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