Alembic Chemical Works Co. Ltd. v. CIT

177 ITR 377Supreme Court of India1989#288 most cited

What is Alembic Chemical Works Co. Ltd. v. CIT authority for?

Expenditure that provides a commercial advantage of an enduring nature may still be classified as revenue expenditure if its purpose is to facilitate existing trading operations, improve business efficiency, or upgrade existing products, depending on the specific context and objective.

275

judgments rely on this decision, according to BharatTax’s citation analysis of 367,607 Indian tax judgments — from 2008 to 2026.

Also referred to as

Alembic Chemical Works Co. Ltd. v. CIT · Section 37(1) · revenue expenditure · capital expenditure · enduring benefit test · commercial advantage · upgrading existing products · business efficiency · existing business · product improvement

Also reported as

43 Taxmann 312

Sections most often in play

Section 143(3)Section 37(1)Section 250Section 32Section 35(1)(iv)Section 35(2AB)Section 234BSection 35D
Read the full judgment

Issues it is cited on

test of enduring benefitenduring benefitsection 35(2ab)section 40a(2)(b)revenue expenditurecapital expendituresection 35section 32fair market valuesection 40(a)section 40aassociated enterprise

Judgments citing Alembic Chemical Works Co. Ltd. v. CIT

D.C.I.T.RG.8(3), Mumbai vs. Sanofi Synthelabo (I) Pvt. Ltd., Mumbai

In the result, all the three appeals of Revenue are dismissed

ITA 7592/MUM/2011[2006-07]Status: DisposedITAT Mumbai22 Nov 2016AY 2006-07

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am

Section 143(3)

…the toll manufacturing agreement. But we are of the view that onetime payment was not conclusive test of enduring benefit. For this Ld. Counsel relied on the decision of the Hon’ble Supreme court in the case of Alembic Chemical Works Co. Ltd., Vs. CIT (1989) 177 ITR 377 (SC). For this, we are of the view that since the early termination compensation was paid with view to reduce the hence the expenditure was allowable as revenue expenditure. For this view of ours, we are placing reliance on the decision of the Hon’ble Supreme court in the case of Alembic Chemical Works Co. Ltd. (supra), wherein it is held as unde…

D.C.I.T. 8(3), Mumbai vs. Sanofi Syntheabo (India) Limited, Mumbai

In the result, all the three appeals of Revenue are dismissed

ITA 6755/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Nov 2016AY 2005-06

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am

Section 143(3)

…the toll manufacturing agreement. But we are of the view that onetime payment was not conclusive test of enduring benefit. For this Ld. Counsel relied on the decision of the Hon’ble Supreme court in the case of Alembic Chemical Works Co. Ltd., Vs. CIT (1989) 177 ITR 377 (SC). For this, we are of the view that since the early termination compensation was paid with view to reduce the hence the expenditure was allowable as revenue expenditure. For this view of ours, we are placing reliance on the decision of the Hon’ble Supreme court in the case of Alembic Chemical Works Co. Ltd. (supra), wherein it is held as unde…

ACIT RG 8(3), Mumbai vs. Sanofi Synthellabo (I) Ltd, Mumbai

In the result, all the three appeals of Revenue are dismissed

ITA 6720/MUM/2011[2004-05]Status: DisposedITAT Mumbai22 Nov 2016AY 2004-05

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am

Section 143(3)

…the toll manufacturing agreement. But we are of the view that onetime payment was not conclusive test of enduring benefit. For this Ld. Counsel relied on the decision of the Hon’ble Supreme court in the case of Alembic Chemical Works Co. Ltd., Vs. CIT (1989) 177 ITR 377 (SC). For this, we are of the view that since the early termination compensation was paid with view to reduce the hence the expenditure was allowable as revenue expenditure. For this view of ours, we are placing reliance on the decision of the Hon’ble Supreme court in the case of Alembic Chemical Works Co. Ltd. (supra), wherein it is held as unde…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…opposed to acquisition of ownership rights therein, the payment made would be regarded as revenue expenditure. i) CIT v. Ciba India Ltd.: 69 ITR 692 (SC) ii) CIT vs. British India Corp. Ltd. [1987] 165 ITR 51 (SC) iii) Alembic Chemical Works Co. Ltd. v. CIT: 177 ITR 377 (SC) Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 191 of 484 iv) Shriram Refrigeration Industries Ltd. v. CIT: 127 ITR 746 (Del HC) v) Triveni Engineering Works Ltd. vs. CIT : 136 ITR 340 (Del) vi) Addl. CIT vs. Shama En…

DCIT, Gurgaon vs. M/S. Mitsubishi Electric Automotive India Pvt. Ltd., Gurgaon

In the result, the appeals of the Revenue are dismissed

ITA 5884/DEL/2014[2009-10]Status: DisposedITAT Delhi19 Oct 2016AY 2009-10

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

For Appellant: Shri Piyush Jain, CIT-DRFor Respondent: Ms. Bhavita Kumar, Advocate
Section 148

…as a revenue expense. Having examined the Agreement governing Royalty, and the terms of its payment in light of the principles laid down by the Supreme Court and High Court and in due deference to decisions in the case of Alembic Chemical Works Co Ltd v CIT, 177 ITR 377 (SC) supra and Delhi High Court in the case of CIT v JK Synthetics Ltd 309 ITR 371, Shri Refrigeration Industries Ltd v CIT 127 ITR 746, Triveni Engr Works Ltd v CIT 136 ITR 340 Ciba of India 69 ITR 692 Hon'ble Supreme Court and other DRP concludes that royalty paid is revenue in nature. AO is directed to allow it accordingly.” 9. The above deci…

DCIT, Gurgaon vs. M/S. Mitsubishi Electric Automotive India Pvt. Ltd., Gurgaon

In the result, the appeals of the Revenue are dismissed

ITA 1267/DEL/2014[2008-09]Status: DisposedITAT Delhi19 Oct 2016AY 2008-09

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

For Appellant: Shri Piyush Jain, CIT-DRFor Respondent: Ms. Bhavita Kumar, Advocate
Section 148

…as a revenue expense. Having examined the Agreement governing Royalty, and the terms of its payment in light of the principles laid down by the Supreme Court and High Court and in due deference to decisions in the case of Alembic Chemical Works Co Ltd v CIT, 177 ITR 377 (SC) supra and Delhi High Court in the case of CIT v JK Synthetics Ltd 309 ITR 371, Shri Refrigeration Industries Ltd v CIT 127 ITR 746, Triveni Engr Works Ltd v CIT 136 ITR 340 Ciba of India 69 ITR 692 Hon'ble Supreme Court and other DRP concludes that royalty paid is revenue in nature. AO is directed to allow it accordingly.” 9. The above deci…

ITO, Ward-11(1), Kolkata vs. M/S. All India Technologies Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 1911/KOL/2014[2002-2003]Status: DisposedITAT Kolkata16 Sept 2016AY 2002-2003

Bench: Shri P.M. Jagtap

Section 143(1)Section 143(3)Section 148

…also the issue is covered by the judgment of the Apex Court as well as by various High Courts. Reference in this regard was made to the following judgments: 1. Empire Jute Co. Ltd. vS.CIT [1980J 1241TR 1 (SC) 2. Alembic Chemical Works Co. Ltd. vs. CIT [1989J 177 ITR 377 (SC) 3. CIT vs. Indian Visit.com (P) Ltd. [2009J 176 Taxman 164 (Delhi) 4.3. It may be mentioned that the Delhi High Court in the case of India Visit.com had referred to the pronouncement of the Apex Court in the above two referred cases at SI. No. 1 & 2 wherein it was ruled with reference to SI No.1 that the advantage consists merely in facilit…

Godrej & Boyce Mfg Co. Ltd, Mumbai vs. Addl CIT RG 10(2), Mumbai

The appeals of the AO is dismissed

ITA 8488/MUM/2011[2008-09]Status: DisposedITAT Mumbai23 Aug 2016AY 2008-09
For Appellant: Shri Nitesh Josh (AR)For Respondent: S/Shri A.G. Bhatkar-(CIT-DR) and K.V. Vispute- (DR)
Section 254(1)Section 43(6)

…uld be benefit of enduring nature; (ii) the expenditure must give rise to creation of new capital asset. The observations of Hon’ble Supreme Court were reiterated in subsequent judgment in the case of Alembic Chemical Works Ltd vs CIT 9 8488+5Godrej & Boyce 177 ITR 377 (SC) and thereafter many judgments came from various courts from all over the country wherein similar views were taken. In the facts of the case before us, admittedly, there is no creation of new asset Thus, the impugned expenditure cannot be held to be a capital expenditure. Similar view has been taken by Hon'ble Murnbai Bench of ITAT in the cas…

ACIT, New Delhi vs. M/S. Baxter (India) Pvt. Ltd., Haryana

Appeal is allowed

ITA 5323/DEL/2012[2008-09]Status: DisposedITAT Delhi21 Jul 2016AY 2008-09

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Sudhanshu Srivastava

…umulative effect on a construction of the various terms and conditions of the agreement; whether the assessee derives benefits coming to its capital for which the payment is made. The Supreme Court in the case of Alembic Chemical Works Co. Ltd. vs. CIT (1989) 177 ITR 377 has indicated that ‘in the infinite variety of situational diversities in which the concept of what is capital expenditure and what is revenue arises, it is not possible to form any general rule even in the generality of cases, sufficiently accurate and reasonably comprehensive, to draw any clear line of demarcation’. The Supreme Court further he…

ACIT, New Delhi vs. M/S. Baxter (India) Pvt. Ltd., Haryana

Appeal is allowed

ITA 2798/DEL/2012[2007-08]Status: DisposedITAT Delhi21 Jul 2016AY 2007-08

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Sudhanshu Srivastava

…umulative effect on a construction of the various terms and conditions of the agreement; whether the assessee derives benefits coming to its capital for which the payment is made. The Supreme Court in the case of Alembic Chemical Works Co. Ltd. vs. CIT (1989) 177 ITR 377 has indicated that ‘in the infinite variety of situational diversities in which the concept of what is capital expenditure and what is revenue arises, it is not possible to form any general rule even in the generality of cases, sufficiently accurate and reasonably comprehensive, to draw any clear line of demarcation’. The Supreme Court further he…

DCIT, New Delhi vs. M/S. Baxter India (P) Ltd., Haryana

Appeal is allowed

ITA 4785/DEL/2010[2004-05]Status: DisposedITAT Delhi21 Jul 2016AY 2004-05

Bench: Shri G.D. Agrawal, Hon’Ble & Shri Sudhanshu Srivastava

…umulative effect on a construction of the various terms and conditions of the agreement; whether the assessee derives benefits coming to its capital for which the payment is made. The Supreme Court in the case of Alembic Chemical Works Co. Ltd. vs. CIT (1989) 177 ITR 377 has indicated that ‘in the infinite variety of situational diversities in which the concept of what is capital expenditure and what is revenue arises, it is not possible to form any general rule even in the generality of cases, sufficiently accurate and reasonably comprehensive, to draw any clear line of demarcation’. The Supreme Court further he…

ITO, Ward-9(3), Kolkata vs. M/S Chanakya Stock Broking Services Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 611/KOL/2012[2006-07]Status: DisposedITAT Kolkata05 Jul 2016AY 2006-07

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07

Section 143(3)Section 194CSection 40

…n the other hand, there were only changes in certain areas for improving efficiency and achieving good results. The assessee has not achieved any enduring benefit. 7.3. The Supreme Court in Alembic Chemical Works Co. Ltd. vs. CIT (1989) 77 CTR (SC) 1 : (1989) 177 ITR 377 (SC), after referring to B.P. Australia Ltd. ITA No.611/Kol/2012 A.Y. 2006-07 ITO Wd-9(3) Kol v. M/s Chanakya Stock Broking Services Ltd. Page 8 vs. Commr. of Taxation of the Commonwealth of Australia (1966) AC 224 (PC), held that : "What is capital expenditure and what is revenue are not eternal verities but must needs be flexible so as to resp…

M/S. the Hindustan Sewing & Weaving Mills Ltd., Mumbai vs. DCIT Cir. 2(1), Mumbai

The appeal of the assessee is allowed on this account

ITA 3822/MUM/2003[1996-1997]Status: DisposedITAT Mumbai30 Jun 2016AY 1996-1997

Bench: Shri G.S. Pannu & Shri Sanjay Garg

For Appellant: Shri K. K. Ved, A.RFor Respondent: Shri S. Senthil Kumar, D.R
Section 10(3)Section 143(3)Section 246Section 45Section 55

…ncome of income. The AO treated the same as Technical Fees u/s 35AB and allowed only 1/6th of such expenditure as per the provision of the section. Before CIT(A), the assessee relied upon the Apex court’s judgment in Alembic Chemical Works Pvt. Ltd V CIT 1989 177 ITR 377 and contended that one- time payment of technical knowhow fees for the better conduct and improvement of existing business is allowable as revenue expenditure and also book entries are not determinative of the income and expenditure to be taxed or allowed in the Income Tax Assessments. CIT(A) noted that the case law relied upon by the assessee pe…

DCIT Cir. 2(1), Mumbai vs. M/S. Hindustan Spinning & Weaving Mill Ltd., Mumbai

The appeal of the assessee is allowed on this account

ITA 3622/MUM/2003[1996-1997]Status: DisposedITAT Mumbai30 Jun 2016AY 1996-1997

Bench: Shri G.S. Pannu & Shri Sanjay Garg

For Appellant: Shri K. K. Ved, A.RFor Respondent: Shri S. Senthil Kumar, D.R
Section 10(3)Section 143(3)Section 246Section 45Section 55

…ncome of income. The AO treated the same as Technical Fees u/s 35AB and allowed only 1/6th of such expenditure as per the provision of the section. Before CIT(A), the assessee relied upon the Apex court’s judgment in Alembic Chemical Works Pvt. Ltd V CIT 1989 177 ITR 377 and contended that one- time payment of technical knowhow fees for the better conduct and improvement of existing business is allowable as revenue expenditure and also book entries are not determinative of the income and expenditure to be taxed or allowed in the Income Tax Assessments. CIT(A) noted that the case law relied upon by the assessee pe…

M/S. G E Countrywide Consumer Financial Services Ltd vs. The ACIT Cir 6(3)

In the result appeal of the revenue as well as of the assessee

ITA 1942/MUM/2002[1998-1999]Status: DisposedITAT Delhi17 Jun 2016AY 1998-1999
For Appellant: Shri Tushar Jarwal, AdvFor Respondent: Ms. Sulekha Verma, CIT(DR)

…ad Bench A in the case of Lubi Electricals Pvt. Ltd. vs. DCIT in ITA No. 122/Ahd/1992 5 and ITA No. 163/Ahd/1992 for asstt. year 1988-89 where the Tribunal following the judgment given by Hon’ble Gujrat High Court in the case of Alembic Chemicals Works Ltd. 177 ITR 377 allowed the claim of the assessee and purchase of software programme was allowed as revenue expenditure. 8. On careful consideration of our submissions from operative para 29 and 30 of the first appellate order we note that the CIT(A) granted relief to the assesee after considering all relevant facts and circumstances and by following ratio o…

The ACIT 6(3) vs. M/S. Ge Countrywide Consumery Financial Services Ltd

In the result appeal of the revenue as well as of the assessee

ITA 1689/MUM/2002[1998-1999]Status: DisposedITAT Delhi17 Jun 2016AY 1998-1999
For Appellant: Shri Tushar Jarwal, AdvFor Respondent: Ms. Sulekha Verma, CIT(DR)

…ad Bench A in the case of Lubi Electricals Pvt. Ltd. vs. DCIT in ITA No. 122/Ahd/1992 5 and ITA No. 163/Ahd/1992 for asstt. year 1988-89 where the Tribunal following the judgment given by Hon’ble Gujrat High Court in the case of Alembic Chemicals Works Ltd. 177 ITR 377 allowed the claim of the assessee and purchase of software programme was allowed as revenue expenditure. 8. On careful consideration of our submissions from operative para 29 and 30 of the first appellate order we note that the CIT(A) granted relief to the assesee after considering all relevant facts and circumstances and by following ratio o…

M/S. Botil Oil Tools India Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 5375/DEL/2013[2007-08]Status: DisposedITAT Delhi10 May 2016AY 2007-08

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

For Appellant: Shri Anil Bhalla, CAFor Respondent: Shri Sarabjeet Singh, DR
Section 309Section 36(1)(ii)Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI BENCH ‘ DELHI DELHI BENCH ‘ BENCH ‘A’ : NEW DELHI BENCH ‘ ’ : NEW DELHI ’ : NEW DELHI ’ : NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND AND BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND , JUDICIAL MEMBER SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA , JUDICIAL MEMBER , JUDICIAL MEMBER ITA…

M/S. Botil Oil Tools (India) Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 2382/DEL/2013[2006-07]Status: DisposedITAT Delhi10 May 2016AY 2006-07

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

For Appellant: Shri Anil Bhalla, CAFor Respondent: Shri Sarabjeet Singh, DR
Section 309Section 36(1)(ii)Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI BENCH ‘ DELHI DELHI BENCH ‘ BENCH ‘A’ : NEW DELHI BENCH ‘ ’ : NEW DELHI ’ : NEW DELHI ’ : NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND AND BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND , JUDICIAL MEMBER SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA , JUDICIAL MEMBER , JUDICIAL MEMBER ITA…

M/S. Botil Oil Tools (India) Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 973/DEL/2010[2006-07]Status: DisposedITAT Delhi10 May 2016AY 2006-07

Bench: Shri G.D. Agrawalbefore Shri G.D. Agrawal & And Before Shri Before Shri G.D. Agrawalg.D. Agrawal & And Shri Sudhanshu Srivastava Shri Sudhanshu Srivastavashri Sudhanshu Srivastava Shri Sudhanshu Srivastava

For Appellant: Shri Anil Bhalla, CAFor Respondent: Shri Sarabjeet Singh, DR
Section 309Section 36(1)(ii)Section 37(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI BENCH ‘ DELHI DELHI BENCH ‘ BENCH ‘A’ : NEW DELHI BENCH ‘ ’ : NEW DELHI ’ : NEW DELHI ’ : NEW DELHI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND AND BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND , JUDICIAL MEMBER SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA , JUDICIAL MEMBER , JUDICIAL MEMBER ITA…

Lavino Kapur Copttons P.Ltd, Mumbai vs. DCIT 3(2), Mumbai

In the result, the appeal of the assessee is allowed, as above

ITA 2135/MUM/2015[2010-11]Status: DisposedITAT Mumbai06 May 2016AY 2010-11

Bench: Shri G.S.Pannu & Shri Amarjit Singhm/S. Lavino Kapur Cottons Pvt. Ltd. 121/122, Mittal Chambers, Nariman Point, Mumbai 400 021 Pan:Aaacl 0824C ... Appellant Vs.

For Appellant: Shri Surinder MehraFor Respondent: Shri Neil Philip
Section 143(3)

…come-tax (Appeals) has erred in completely ignoring the following decision brought to his notice:- i) CIT vs. Shree Bhagavathi Textiles Ltd. 207 ITR 826(Kerala) ii) Vanaja Textiles Ltd. vs. CIT 208 ITR 161 (Kerala) iii) Alembic Chemical Works Co. Ltd. vs. CIT 177 ITR 377 (SC) iv) CIT vs. Associated Cement Co. Ltd. 172 ITR 257 (SC) v) Empire Jute Co. Ltd. vs. CIT 124 ITR 1(SC) f) That the Commissioner of Income-tax (Appeals) has erred in placing reliance on the decision of the Delhi High Court in the case of Delhi Cloth & General Mills Co. Ltd. vs. Addl. CIT 160 ITR 857 (Delhi). g) That the said decision of the De…