TMI Blog2021 (1) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... head profits and gains of business or profession . - Decided in favour of assessee. - ITA No. 6754/MUM/2018 - - - Dated:- 17-12-2020 - Shri Saktijit Dey (Judicial Member) And Shri N.K. Pradhan (Accountant Member) For the Assessee : Mr. Dhanesh Bafna, AR For the Revenue : Mr. Manpreet Duggal, 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 smallness of the amount. Having heard the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s paid towards cess when it comes to computation of income chargeable under the head profit or gains of any business or profession . In support of the above contentions, the Ld. DR relies inter alia on the decision in Travancore Titanium Products Ltd. v. CIT (1966) 3 SCR 321, Smith Kline amp; French (India) Ltd. v. CIT (1996) 219 ITR 581 (SC). 6. We have heard the rival submissions and perused the relevant materials on record. The reasons for our decisions 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view has been taken by the Hon ble Rajasthan High Court in Chambal Fertilizers Chemicals Ltd. (supra), after considering the decision in Travancore Titanium Products Ltd. (supra) and Smith Kline amp; French (India) Ltd. (supra). 6.2 Respectfully following the decision in Sesa Goa Ltd. (supra) and Chambal Fertilizers Chemicals Ltd. (supra), we hold that the assessee shall be entitled for deduction of education cess and higher secondary education cess while computing income chargeable under the head profits and gains of business or profession . 6.3 Accordingly, the additional ground of appeal is allowed. 7. In the result, the appeal is partly allowed. Order pronounced in the open Court on 17/12/2020. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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