1 ITR 754 (SC) Avery India Ltd. vs. CIT (1993) 199 ITR 754 (Cal) M.K. Bros. Pvt. Ltd. v. CIT

62 ITR 566Supreme Court of India1966#3811 most cited

What is 1 ITR 754 (SC) Avery India Ltd. vs. CIT (1993) 199 ITR 754 (Cal) M.K. Bros. Pvt. Ltd. v. CIT authority for?

The distinction between capital and revenue expenditure is a fine line and determined on a case-to-case basis by applying the relevant yardstick to the facts.

31

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2009 to 2024.

Also referred to as

M.K. Bros. Pvt. Ltd. vs. CIT · 62 ITR 566 · SC · 1966 · capital expenditure · revenue expenditure · distinguishing capital and revenue · case to case basis · income tax act

Sections most often in play

Section 1961Section 143(3)Section 37(1)Section 142(1) of Income Tax ActSection 143(1)Section 143(1) of Income Tax ActSection 143(3) of Income Tax ActSection 144C

Issues it is cited on

section 35abbtest of enduring benefitenduring benefitsection 32(1)section 92bcapital expenditurerevenue expendituresection 35section 37(1)section 32section 37section 92

Judgments citing 1 ITR 754 (SC) Avery India Ltd. vs. CIT (1993) 199 ITR 754 (Cal) M.K. Bros. Pvt. Ltd. v. CIT

Commissioner of Income Tax-III vs. Smcc Construction India Ltd

ITA/511/2014HC Delhi03 Jul 2015

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 32(1)

…nduring nature. 7. Learned counsel for the Appellant submitted that in coming to the above conclusion, the ITAT mainly relied on the decisions in Premier Automobiles Ltd. vs. CIT, (1984) 150 ITR 28 (Bom) and Travancore Sugars and Chemicals Ltd. vs. CIT (1966) 62 ITR 566 (SC), which dealt with Assessees which were manufacturing units and therefore different considerations would apply. He urged that inasmuch as the essential business of the Assessee was entirely dependent on the technical knowhow provided by SMCL and the benefit to the Assessee was of an enduring nature, the expenditure incurred should betreated as…

Commissionerofincometax-III vs. Smcc Construction India Limited

ITA/439/2014HC Delhi03 Jul 2015
Section 32(1)

…nature. 7. Learned counsel for the Appellant submitted that in coming to the above conclusion, the ITAT mainly relied on the decisions in Premier Automobiles Ltd. vs. CIT, (1984) 150 ITR 28 (Bom) and Travancore Sugars and Chemicals Ltd. vs. CIT (1966) 62 ITR 566 (SC), which dealt with Assessees which were manufacturing units and therefore different considerations would apply. He urged that inasmuch as the essential business of the Assessee was entirely dependent on the technical knowhow provided by SMCL and the benefit to the Assessee was of an enduring nature, the expenditure incurred should be trea…

Commissioner of Income Tax vs. Shri Krishan Kumar

The appeals stand dismissed

ITA - 50 / 2000HC Delhi02 Dec 2014

…ITA No.50/2000 & connected appeals Page 1 of 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on July 24, 2014 Judgment delivered on December 02, 2014 + ITA 50/2000 COMMISSIONER OF INCOME TAX ..... Appellant Versus SHRI KRISHAN KUMAR ..... Respondent + ITA 69/2004 COMMISSIONER OF INCOME TAX ..... Appellant Versus M/S SUPER CASSETTES INDUSTRIES LTD... Respondent + ITA 457/2004 THE COMMISSIONER OF INCOME TAX ..... Appellant Versus M/…

Commissioner of Income Tax vs. Shri Krishan Kumar

The appeals stand dismissed

ITA/50/2000HC Delhi02 Dec 2014

…ITA No.50/2000 & connected appeals Page 1 of 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on July 24, 2014 Judgment delivered on December 02, 2014 + ITA 50/2000 COMMISSIONER OF INCOME TAX ..... Appellant Versus SHRI KRISHAN KUMAR ..... Respondent + ITA 69/2004 COMMISSIONER OF INCOME TAX ..... Appellant Versus M/S SUPER CASSETTES INDUSTRIES LTD... Respondent + ITA 457/2004 THE COMMISSIONER OF INCOME TAX ..... Appellant Versus M/…

CIT vs. Ekl Appliances Ltd

ITA - 1069 / 2011HC Delhi22 Feb 2012
Section 260ASection 263

…ITA No. 1069/2011 Page 1 of 7 $~5. * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1069/2011 CIT ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel & Mr. Amit Shrivastava, Advocate. versus EKL APPLIANCES LTD. ..... Respondent Through Mr. V.P. Gupta, Mr. Bassant Kumar & Mr. Anuj Bansal, Advocates.…

ITA 1069/2011 vs. Ekl Appliances Ltd

ITA/1069/2011HC Delhi22 Feb 2012
Section 260ASection 263

…ITA No. 1069/2011 Page 1 of 7 $~5. * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1069/2011 CIT ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel & Mr. Amit Shrivastava, Advocate. versus EKL APPLIANCES LTD. ..... Respondent Through Mr. V.P. Gupta, Mr. Bassant Kumar & Mr. Anuj Bansal, Advocates.…

Commissioner of Income Tax vs. G4S Securities System India Pvt Ltd

ITA/1943/2010HC Delhi11 Jul 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 143(3)

…i), the assessee had not acquired ownership right of technical knowhow but transfer of use of licenses. There was no advantage of enduring nature and hence it was held to be a case of revenue expenditure. In the case of Travancore Sugar and Chemicals Ltd. 62 ITR 566 (SC) it was held that whenever a payment is based on a percentage of turnover or profits, it necessarily has no relation to the capital value of the asset, because it cannot be known at the time of the agreement what the turnover or profits will be over a period of years. In another case reported as DCIT Vs. Swaraj Engines Ltd. (2002) 124 T…

Commissioner of Income Tax vs. G4S Securities System India Pvt Ltd

ITA - 765 / 2011HC Delhi11 Jul 2011
Section 143(3)

…DelhrJ, the assessee had not acquired ownership right of technical knowhow but transfer of use of licenses. There was no advantage of enduring nature and hence it was held to be a case of revenue expenditure. In the case of Travancore Sugar and Chemicals Ltd. 62 ITR 566 (SC) it was held that whenever a payment is based on a percentage of turnover or profits, it necessarily has no relation to the capital value of the asset, because it cannot be known at the time of the agreement what the turnover or profits will be over a period of years. ln another case reported as DCIT Vs. Swarai Engines Ltd. eAO2) 724 Taxman 1,…

Commissioner of Income Tax vs. G4S Securities System India Pvt Ltd

ITA - 1943 / 2010HC Delhi11 Jul 2011
Section 143(3)

…i), the assessee had not acquired ownership right of technical knowhow but transfer of use of licenses. There was no advantage of enduring nature and hence it was held to be a case of revenue expenditure. In the case of Travancore Sugar and Chemicals Ltd. 62 ITR 566 (SC) it was held that whenever a payment is based on a percentage of turnover or profits, it necessarily has no relation to the capital value of the asset, because it cannot be known at the time of the agreement what the turnover or profits will be over a period of years. In another case reported as DCIT Vs. Swaraj Engines Ltd. (2002) 124 T…

Emmpac Holdings Pvt. Ltd

ITA/968/2009HC Delhi15 Oct 2009

…* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 968/2009 with ITA 999/2009 Date of decision: 15th October, 2009 EMMPAC HOLDINGS PVT. LTD. ..... Appellant Through: Mr. Satyen Sethi with Mr. Johnson Bara, Advs. versus COMMISSIONER OF INCOME TAX, DELHI-VIII & ANR. ...... Respondents Through: Mr. Sanjeev Sabharwal, Adv. % CORAM: HON'BLE MR. JUSTICE A.K.SIKRI HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the…

Emmpac Holdings P.Ltd vs. Commissioner of Income Tax VIII & Anr

ITA - 968 / 2009HC Delhi15 Oct 2009

…* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 968/2009 with ITA 999/2009 Date of decision: 15th October, 2009 EMMPAC HOLDINGS PVT. LTD. ..... Appellant Through: Mr. Satyen Sethi with Mr. Johnson Bara, Advs. versus COMMISSIONER OF INCOME TAX, DELHI-VIII & ANR. ...... Respondents Through: Mr. Sanjeev Sabharwal, Adv. % CORAM: HON'BLE MR. JUSTICE A.K.SIKRI HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the…