(1). CIT v. Gujarat Aluminium Extrusions Pvt. Ltd.

263 ITR 453High Court2003#15490 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2018 to 2025.

Judgments citing (1). CIT v. Gujarat Aluminium Extrusions Pvt. Ltd.

Mahle Behr India Pvt. Ltd., Pune vs. Deputy Commissioner of Income-Tax, Pune

ITA 795/PUN/2017[2012-13]Status: DisposedITAT Pune15 Jan 2025AY 2012-13

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Respondent: Shri R D Onkar

Section 143(3)Section 35Section 35(1)

…t at the parent company's facilities in Germany and claim has been made u/s 35 (1) (iv) on the basis of incurrence of capital expenses. Proposition for claim u/s 35 (1) (iv) has been upheld by Hon'ble Gujarat High Court in Gujarat Aluminium Extrusions P. Ltd. 263 ITR 453. Identical issue had come up before the Pune Bench of the Tribunal in assessee's own case for the preceding year A.Y. 2011-12 and on the backdrop of same set of facts the Tribunal has held that the said capital expenditure on R & D is eligible for 100% deduction u/s 35 (1) (iv) read with 35 (2) of the Act consequent to denial of claim u/s 35 (2AB…

M/S. Harsha Engineers Ltd., Ahmedabad vs. The Dy.Commissioner of Income Tax, Circle-2(1)(1), Ahmedabad

In the result, appeal of the assessee is partly allowed

ITA 1735/AHD/2019[2013-14]Status: DisposedITAT Ahmedabad05 Oct 2020AY 2013-14

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Singh"नधा"रण वष"/ Asstt.Year: 2013-14 Harsha Engineers Ltd. Dcit, Cir.2(1)(1) Ahmedabad. Sarkhej Bavla Road Vs. Changodar Ahmedabad 382 213. Pan : Aaach 4828 C

For Respondent: Shri L.P. Jain, Sr.DR

Section 143(2)Section 143(3)Section 148

…even in that case the expenditure is allowable under section 35 of the Act. The ld.counsel for the assessee took us through section 35(1)(iv) and 35(2)(ia) as well as judgments of Hon’ble Gujarat High Court in the case of CIT Vs. Gujarat Aluminium Extrusions, 263 ITR 453 (Guj). On the other hand, the ld.DR submitted that no such plea was raised before the AO, and the issue was not examined by the AO with the above angle. 14. We have duly considered rival submissions and gone through the record carefully. We deem it take note of the relevant provisions, which reads as under: Section 35(1) …… (iv) in respect of an…

M/S. Vaibhav Construction, Anand vs. The Income Tax Officer, Ward-1, Anand

In the result the appeal of the assessee is partly allowed

ITA 2692/AHD/2012[2006-07]Status: DisposedITAT Ahmedabad25 Oct 2019AY 2006-07

For Appellant: Shri Aseem L. Thakkar, A.RFor Respondent: Shri O.P. Sharma, CIT.DR &

Section 143(3)Section 154Section 271(1)(c)Section 80I

…or reconstruction of an existing business by transfer to the undertaking of building, raw material or plant used in any previous business results in denial of the benefit contemplated under sub-section (1). CIT v Gujarat Aluminium Extrusions Pvt. Ltd. (2003) 263 ITR 453 (Guj.) The object behind the enactment of section 35 is to encourage research and development activities by the assessee. As an incentive, the Legislature has given this benefit by way of deduction in respect of the capital expenditure incurred by the assessee. This is a provision for the benefit of the assessee and if the assessee incurs capital…

M/S. Vaibhav Construction, Anand vs. The Income Tax Officer, Ward-1, Anand

In the result the appeal of the assessee is partly allowed

ITA 1597/AHD/2012[2005-06]Status: DisposedITAT Ahmedabad25 Oct 2019AY 2005-06

For Appellant: Shri Aseem L. Thakkar, A.RFor Respondent: Shri O.P. Sharma, CIT.DR &

Section 143(3)Section 154Section 271(1)(c)Section 80I

Navin Fluroine International Ltd, Mumbai vs. CIT 7, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1205/MUM/2014[2009-10]Status: DisposedITAT Mumbai10 Jun 2019AY 2009-10

Bench: Sri Mahavir Singh, Jm & Sri Nk Pradhan, Am

For Appellant: Ms. Arati Vissanji, ARFor Respondent: Shri G.L.V. Prasad, DR

Section 143(3)Section 145ASection 263Section 32Section 35(1)(iv)

…ect Taxes vide their Circular No. 5-P (LXXVI63) of 1967 also endorses the above proposition. The relevant extract of the said Circular as quoted by the Hon High Court of Gujarat in the matter of CIT v. Gujarat Aluminium Extrusions Private Limited, reported in 263 ITR 453, is as under: - 16 "('ii) The amount of capital expenditure incurred by an assessee after March 31, 1967, on scientific research related to his business will be allowed to be deducted in full in computing his business profits of the year in which such expenditure is incurred" 23. Even, the ccircular issued by the Central Board of Direct Taxes ar…

DCIT, New Delhi vs. M/S. Ultra International Ltd, New Delhi

Appeal are dismissed

ITA 2609/DEL/2015[2011-12]Status: DisposedITAT Delhi04 Oct 2018AY 2011-12

Bench: Shri R. K. Panda & Ms Suchitra Kambledcit Vs Ultra International Ltd. Circle-27(1), Room No. 193, 304, Avg Bhawan, M-3, C.R. Building Connaught Circus New Delhi New Delhi Aaacu1089Q (Appellant) (Respondent)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 35Section 35(1)Section 35(1)(iv)Section 37Section 37(1)

…22/2007 iii) The Hon’ble Karnatka High Court in case of the Commissioner Of Income-Tax vs H.M.T. Ltd. on 21 March, 1992 - 1993 199 ITR 235 KAR iv) The Hon’ble Gujarat High Court in case of the Commissioner Of Income- Tax vs Gujarat Aluminium Extrusions 2003 263 ITR 453 Guj The Ld. AR further submitted that the Ground nos.1 & 2 of the revenue are tax neutral as the R&D machine had been delivered and installed in the next financial year. The Ld. AR submitted that if in any case the claim of the assessee is not admissible in the AY 2011-12, then it is admissible in AY 2012- 13 and therefore there is no revenue lo…