4 ITO v. Abdul G Nadiadwala

311 ITR 405High Court2009#4037 most cited

What is 4 ITO v. Abdul G Nadiadwala authority for?

The Supreme Court's dismissal of the department's SLP upholds the Delhi High Court's decision that additional depreciation can be claimed on plant and machinery acquired on or after April 1, 2005, provided conditions in Section 32(1)(iia) are met. This decision is relevant for the second and subsequent years of claim.

29

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Jay Engineering Works Ltd. v. CIT · 311 ITR 405 · additional depreciation · section 32(1)(iia) · eligible plant and machinery · second and subsequent years · revenue expenditure · pre-operative expenditure · section 43(1)

Issues it is cited on

Judgments citing 4 ITO v. Abdul G Nadiadwala

OCL INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purpose

ITA 4068/DEL/2015[2007-08]Status: DisposedITAT Delhi23 Sept 2025AY 2007-08

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4068/िद"ी/2015(िन.व. 2007-08) Dalmia Bharat Ltd., (Successor In The Interest Of Ocl India Ltd.) 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aabco-8750-F बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 19(1), C R Building New Delhi 110095 आअसं.3767/िद"ी/2015(िन.व. 2007-08) Assistant Commissioner Of Income Tax, Aayakar Bhawan, Uditnagar, Rourkela, ...... अपीलाथ"/Appellant Dist. Sundargarh, Odisha 769012 बनाम Vs. Dalmia Bharat Ltd., Successor Of Ocl India Ltd., 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aabco-8750-F

For Appellant: S/Shri Vijay Shah, Navin Verma &For Respondent: Shri Amaninder Singh Dhindsa &
Section 43(5)Section 43ASection 53A

…IT -vS.-Relaxo Footwears Ltd. (2007) 293 ITR231 (Del) [SLP filed by the Department has been dismissed by Hon ble Supreme Court vide order in SLP Civil (Appeal) No. 12361/2007 dated 03-01-2008. Similar view taken in Jay Engineering Works Ltd. - vs.- CIT (2009) 311 ITR 405 (Del) [SLP filed by the Department has been dismissed by Hon ble Supreme Court vide order in SLP Civil (Appeal) No. 9818/2008 dated 28-07- 2008]. 3.0. Claim of additional depreciation in second & subsequent years [Rs. 18,29,68,743/-] 3.1. For the previous year relevant to assessment year 2007-08, the assessee is entitled to claim additional depre…

DCIT, NEW DELHI vs. M/S OCL INDIA PVT. LTD.,, NEW DELHI

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purpose

ITA 3767/DEL/2015[2007-08]Status: DisposedITAT Delhi23 Sept 2025AY 2007-08

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4068/िद"ी/2015(िन.व. 2007-08) Dalmia Bharat Ltd., (Successor In The Interest Of Ocl India Ltd.) 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aabco-8750-F बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 19(1), C R Building New Delhi 110095 आअसं.3767/िद"ी/2015(िन.व. 2007-08) Assistant Commissioner Of Income Tax, Aayakar Bhawan, Uditnagar, Rourkela, ...... अपीलाथ"/Appellant Dist. Sundargarh, Odisha 769012 बनाम Vs. Dalmia Bharat Ltd., Successor Of Ocl India Ltd., 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aabco-8750-F

For Appellant: S/Shri Vijay Shah, Navin Verma &For Respondent: Shri Amaninder Singh Dhindsa &
Section 43(5)Section 43ASection 53A

…IT -vS.-Relaxo Footwears Ltd. (2007) 293 ITR231 (Del) [SLP filed by the Department has been dismissed by Hon ble Supreme Court vide order in SLP Civil (Appeal) No. 12361/2007 dated 03-01-2008. Similar view taken in Jay Engineering Works Ltd. - vs.- CIT (2009) 311 ITR 405 (Del) [SLP filed by the Department has been dismissed by Hon ble Supreme Court vide order in SLP Civil (Appeal) No. 9818/2008 dated 28-07- 2008]. 3.0. Claim of additional depreciation in second & subsequent years [Rs. 18,29,68,743/-] 3.1. For the previous year relevant to assessment year 2007-08, the assessee is entitled to claim additional depre…

IHHR HOSPITALITY PVT. LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 04, NEW DELHI

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

ITA 3109/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Jun 2024AY 2014-15

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usm/S. Ihhr Hospitality Pvt. Ltd., Vs. Addl. Cit, 32/7, Samalka, Nh 8, Range – 04, New Delhi – 110 037. New Delhi. (Pan : Aaaci9385B) (Appellant) (Respondent) Assessee By : Shri Ranjan Chopra, Ca Revenue By : Shri Javed Akhtar, Cit Dr Date Of Hearing : 30.05.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-35, New Delhi Dated 13.02.2018 For The Assessment Year 2014-15. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That The Revenue Has Erred In Law & On Facts In Making Disallowance Of ‘Project Pending Capitalization Written Off’ Expenses, Amounting To Rs.7,71,40,000/- & Treating These Expenses To Be Of Capital Nature. 2. That The Revenue Has Erred In Law & On Facts In Disallowing Interest Of Rs.5,40,62,940/- U/S 36(1)(Iii) Of The Income Tax Act, 1961. (Revised Ground). 3. That The Revenue Has Erred In Law & On Facts In Disallowing A Sum Of Rs.9,61,305/- On Account Of Claim Of Roc Fee Under Section 35D Of The Income Tax Act, 1961. 2 .”

For Appellant: Shri Ranjan Chopra, CAFor Respondent: Shri Javed Akhtar, CIT DR
Section 35DSection 36(1)(iii)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’ : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI YOGESH KUMAR US, JUDICIAL MEMBER M/s. IHHR Hospitality Pvt. Ltd., vs. Addl. CIT, 32/7, Samalka, NH 8, Range – 04, New Delhi – 110 037. New Delhi. (PAN : AAACI9385B) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Ranjan Chopra, CA REVENUE BY : Shri Javed Akhtar, CIT DR Date of Hearing : 30.05.2024 Date of Order : 04.06.2024 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of the ld. CIT (Appeals)-35, New Delhi dated 13.02.2018 for the assessment yea…

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4 ITO v. Abdul G Nadiadwala (311 ITR 405) — Cited in 29 Judgments | BharatTax