(a) DCIT v. Sheth & Sura Engg (P) Ltd.

110 ITD 39Income Tax Appellate Tribunal#18702 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2022.

Judgments citing (a) DCIT v. Sheth & Sura Engg (P) Ltd.

ACIT Cir 2(2)(1), Mumbai vs. L & T Ltd ( Datar Switch Gear Ltd Merged ), Mumbai

In the result, the appeal filed by the revenue is allowed and the cross objection filed by the assessee is treated as allowed for statistical purposes

ITA 3806/MUM/2016[2004-05]Status: DisposedITAT Mumbai03 Aug 2022AY 2004-05
Section 143(3)

…Accordingly, the Ld D.R submitted that the assessee is not entitled to claim depreciation on the cost of 14,206 units. In support of these contentions, the Ld D.R placed his reliance on the following case laws:- (a) DCIT vs. Sheth & Sura Engg (P) Ltd (2008)(110 ITD 39)(Pune)(TM) (b) DCIT vs. Yellamma Dasappa Hospital (2007)(290 ITR 353)(Kar) 8 M/s. L&T Ltd. (Datar Switch Gear Ltd. merged) (c) ACIT vs. DHL Operations BV (2007)(13 SOT 581)(SB). The Ld D.R further submitted that the assets should be actually used for the purposes of business in order to claim depreciation. Mere fact that the asset is ready for…

DCIT, New Delhi vs. M/S. Scale Menthol India Ltd, New Delhi

In the result, the appeals filed by the Revenue in ITA Nos

ITA 1291/DEL/2009[2006-07]Status: DisposedITAT Delhi28 Aug 2019AY 2006-07

Bench: Shri A.D. Jain & Shri N.K. Billaiya[A.Y 2006-07] & Co No. 70/Del/2013 (A/O Ita No. 379/Del/2012 [A.Y 2007-08])

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Shri S.S. Rana, CIT- DR
Section 40

…re prepared by the two revenue departments. Therefore, it cannot be said that the plant and machinery were not in existence or were not used in the business of the assessee. The ld. AR stated that the decision in the case of Sheth & Sura Engineering [P] Ltd 110 ITD 39, relied upon by the revenue authorities, is misplaced and prayed for allowance of depreciation. 32. Per contra, the ld. DR strongly supported the findings of the Assessing Officer and once again relied upon the decision of the Tribunal in the case of Sheth & Sura Engineering [P] Ltd [supra]. 33. We have given a thoughtful consideration to the o…

M/S. Sharp Menthol India Ltd, New Delhi vs. DCIT, New Delhi

In the result, the appeals filed by the Revenue in ITA Nos

ITA 1195/DEL/2009[2006-07]Status: DisposedITAT Delhi28 Aug 2019AY 2006-07

Bench: Shri A.D. Jain & Shri N.K. Billaiya[A.Y 2006-07] & Co No. 70/Del/2013 (A/O Ita No. 379/Del/2012 [A.Y 2007-08])

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Shri S.S. Rana, CIT- DR
Section 40

…re prepared by the two revenue departments. Therefore, it cannot be said that the plant and machinery were not in existence or were not used in the business of the assessee. The ld. AR stated that the decision in the case of Sheth & Sura Engineering [P] Ltd 110 ITD 39, relied upon by the revenue authorities, is misplaced and prayed for allowance of depreciation. 32. Per contra, the ld. DR strongly supported the findings of the Assessing Officer and once again relied upon the decision of the Tribunal in the case of Sheth & Sura Engineering [P] Ltd [supra]. 33. We have given a thoughtful consideration to the o…

DCIT, New Delhi vs. M/S. Sharp Menthol India Ltd., New Delhi

In the result, the appeals filed by the Revenue in ITA Nos

ITA 379/DEL/2012[2007-08]Status: DisposedITAT Delhi28 Aug 2019AY 2007-08

Bench: Shri A.D. Jain & Shri N.K. Billaiya[A.Y 2006-07] & Co No. 70/Del/2013 (A/O Ita No. 379/Del/2012 [A.Y 2007-08])

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Shri S.S. Rana, CIT- DR
Section 40

…re prepared by the two revenue departments. Therefore, it cannot be said that the plant and machinery were not in existence or were not used in the business of the assessee. The ld. AR stated that the decision in the case of Sheth & Sura Engineering [P] Ltd 110 ITD 39, relied upon by the revenue authorities, is misplaced and prayed for allowance of depreciation. 32. Per contra, the ld. DR strongly supported the findings of the Assessing Officer and once again relied upon the decision of the Tribunal in the case of Sheth & Sura Engineering [P] Ltd [supra]. 33. We have given a thoughtful consideration to the o…