53 ITR 140 (SC), CIT v. Birla Cotton Spinning and Weaving Mills Ltd.

82 ITR 166Supreme Court of India1971#817 most cited

What is 53 ITR 140 (SC), CIT v. Birla Cotton Spinning and Weaving Mills Ltd. authority for?

The expression 'for the purpose of business' is broader than 'for the purpose of earning profits' and includes measures for the preservation and protection of the business.

126

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2006 to 2025.

Also referred to as

Birla Cotton Spinning and Weaving Mills Ltd. · 82 ITR 166 · for the purpose of business · for the purpose of earning profits · commercial expediency · business preservation · business protection

Sections most often in play

Section 36(1)(iii)Section 14ASection 143(3)Section 1961Section 133(6)Section 147Section 148Section 37

Issues it is cited on

section 36(1)(ii)amp expendituresection 92batrue and full disclosuresanction under section 151transfer pricing ordersection 40a(2)(b)fresh tangible materialsection 148(2)sanctioning authorityspecified domestic transactionsection 36(1)(iii)

Judgments citing 53 ITR 140 (SC), CIT v. Birla Cotton Spinning and Weaving Mills Ltd.

D.C.I.T. Cir - 10, Kol, Kolkata vs. M/S Singha Singh Roy & Associates Pvt Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1747/KOL/2012[2007-08]Status: DisposedITAT Kolkata20 Jan 2016AY 2007-08

Bench: : Shri M. Balaganesh

For Appellant: Shri R.K Kureel, JCIT, ld.Sr.DRFor Respondent: Shri Prasun Kumar Bhattacharya, Advocate, ld.AR
Section 143(3)

…by this court that the expression "for the purpose of business" is wider in scope than the expression "for the purpose of earning profits" vide CIT v. Malayalam Plantations Ltd. [1964 53 ITR 140 (SC), CIT v. Birla Cotton Spinning and Weaving Mills Ltd. [1971 82 ITR 166 (SC)], etc.' 13. In the process, the Court also agreed that the view taken by the Delhi High Court in CIT v. Dalmia Cement (P.) Ltd. [2002] 254 ITR 377/121 Taxman 706 wherein the High Court had held that once it is established that there is nexus between the expenditure and the purpose of business (which need not necessarily be the business of th…

Hero Cycles (P) Ltd vs. Commissioner of Income Tax (Central)

Appeal is allowed, thereby setting aside the order of the

C.A. No.-000514-000514 - 2008Supreme Court05 Nov 2015
Section 36(1)(iii)

…Page 1 JUDGMENT 'REPORTABLE' IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 514 OF 2008 HERO CYCLES (P) LTD. ... Appellant VERSUS COMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA ... Respondent J U D G M E N T A. K. SIKRI, J. The present appeal preferred by the assessee pertains to the Assessment Year 1988-1989. In the income tax return filed by the assessee for the aforesaid Assessment year, the assessee, inter alia, claimed deduction of interest paid on borrowed sums from Bank under the provisions of Section 36(1)(iii) of the Income Tax Act (her…

Hero Cycles (P) Ltd vs. Commissioner of Income Tax (Central)

Appeal is allowed, thereby setting aside the order of the

C.A. No.-000514-000514 - 2008Supreme Court05 Nov 2015
Section 36(1)(iii)

…Page 1 JUDGMENT 'REPORTABLE' IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 514 OF 2008 HERO CYCLES (P) LTD. ... Appellant VERSUS COMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA ... Respondent J U D G M E N T A. K. SIKRI, J. The present appeal preferred by the assessee pertains to the Assessment Year 1988-1989. In the income tax return filed by the assessee for the aforesaid Assessment year, the assessee, inter alia, claimed deduction of interest paid on borrowed sums from Bank under the provisions of Section 36(1)(iii) of the Income Tax Act (her…

M/S Vodafone East Ltd.(Formerly Known As Vodafone Essar East Limited), Kolkata vs. A.D.I.T Range - 7, Kol., Kolkata

In the result, the appeal of the revenue in ITA No

ITA 1864/KOL/2012[2009-10]Status: DisposedITAT Kolkata15 Sept 2015AY 2009-10

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 143(3)Section 194ISection 40

…I.T.A. No. 1864/KOL./2012 Assessment year: 2009-2010 & Assessment Year : 2010-2011 & Assessment Year : 2010-2011 Page 1 of 56 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘B’ BENCH, KOLKATA Before Shri Mahavir Singh, Judicial Member and Shri M. Balaganesh, Accountant Member I.T.A. No. 1864/KOL/ 2012 Assessment year : 2009-2010 M/s. Vodafone East Limited,........................................………….…Appellant (Formerly known as Vodafone Essar East Limited), 11, Dr. U.N. Brahmchari Road, Kolkata-700 017 [PAN : AAACU 3796 J] -Vs.- Additional Commissioner of Income Tax,.........…….................Respondent Range-…

Commissioner of Income Tax vs. Discovery Communication India

The appeals are disposed of

ITA/1297/2010HC Delhi24 Nov 2014
Section 260A

…Page 11 of 18 same should be for the purpose of business and not for the purpose of earning income. (see Sree Meenakshi Mills Ltd. vs. CIT (1967) 63 ITR 207 (SC) and CIT vs. Birla Spinning and Weavings Ltd. (1971) 82 ITR 166 (SC). In CIT v. Malayalam Plantations Ltd. [1964] 53 ITR 140 (SC), it has been observed : “The expression "for the purpose of the business" is wider in scope than the expression "for the purpose of earning profits". Its range is wide : it may take in not only the day to day running of a business but also the rationalization of its adminis…

S.A. Builders Ltd vs. Commnr. of Income Tax, Chandigarh

C.A. No.-005811-005811 - 2006Supreme Court14 Dec 2006
For Respondent: Commissioner of Income Tax (Appeals) Chandigarh & Anr. .. Res
Section 154

…http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6 CASE NO.: Appeal (civil) 5811 of 2006 PETITIONER: S. A. Builders Ltd. .. Peti tioner RESPONDENT: Commissioner of Income Tax (Appeals) Chandigarh & Anr. .. Respondents DATE OF JUDGMENT: 14/12/2006 BENCH: S. B. SINHA & MARKANDEY KATJU JUDGMENT: J U D G M E N T (Arising out of Special Leave Petition Nos. 21707-21710/2004) [with CA Nos. 5812 /2006 @ SLP(Civil) Nos. 1300-1301/2005] MARKANDEY KATJU, J. Leave granted. These two appeals involve common questions of…