Arvind Mills Ltd. v. CIT

197 ITR 422Supreme Court of India1992#2025 most cited

What is Arvind Mills Ltd. v. CIT authority for?

Capital expenditure does not become revenue expenditure solely because it is incurred in connection with business activities that improve the efficiency of day-to-day business operations.

57

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2007 to 2024.

Also referred to as

Arvind Mills Ltd v CIT · 197 ITR 422 · capital expenditure · revenue expenditure · business activities · efficiency

Read the full judgment

Issues it is cited on

recognised provident fundsection 50bsection 43b(f)approved gratuity fundsection 40a(9)section 211wholly and exclusively for businesssection 35dslump salesection 32(1)(ii)domestic companyfull value of consideration

Judgments citing Arvind Mills Ltd. v. CIT

M/S. Assam Carbon Products Limited, Guwahati vs. Deputy Commissioner of Income Tax, Circle-3, Guwahati

In the result, the revenue’s appeal for the AY 2014-15 is dismissed and that of assessee’s appeal for the AY 2012-13 is allowed

ITA 463/GTY/2019[2012-13]Status: DisposedITAT Guwahati30 Nov 2022AY 2012-13
Section 143(2)Section 250Section 43A

…rrying cost of fixed assets acquired in foreign currency, due to foreign exchange fluctuation at each balance sheet date. In this connection, learned counsel has placed reliance on the judgment of this Court in the case of CIT v. Arvind Mills Ltd. reported in 193 ITR 255. 29. To answer the controversy, we need to analyse Section 43 (unamended). The period in question in the batch of Civil Appeals is prior to Finance Act, 2002, therefore, we are required to consider the scope of Section 43A (unamended). 30. Section 43A starts with a non obstante clause. Section 43A(1) overrides the other provisions only as regards…

Income Tax Officer, Ward-3(1), Guwahati vs. M/S.Assam Carbon Products Limited, Guwahati

In the result, the revenue’s appeal for the AY 2014-15 is dismissed and that of assessee’s appeal for the AY 2012-13 is allowed

ITA 211/GTY/2019[2014-15]Status: DisposedITAT Guwahati30 Nov 2022AY 2014-15
Section 143(2)Section 250Section 43A

…rrying cost of fixed assets acquired in foreign currency, due to foreign exchange fluctuation at each balance sheet date. In this connection, learned counsel has placed reliance on the judgment of this Court in the case of CIT v. Arvind Mills Ltd. reported in 193 ITR 255. 29. To answer the controversy, we need to analyse Section 43 (unamended). The period in question in the batch of Civil Appeals is prior to Finance Act, 2002, therefore, we are required to consider the scope of Section 43A (unamended). 30. Section 43A starts with a non obstante clause. Section 43A(1) overrides the other provisions only as regards…

Khs Machinery Pvt.Ltd., Ahmedabad vs. The ACIT. Range-4, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1086/AHD/2014[2005-06]Status: DisposedITAT Ahmedabad07 Oct 2022AY 2005-06

Bench: Mrs.Annapurna Gupta & Miss Suchitra Kambleassessment Year :2005-06 Khs Machinery P.Ltd. Vs. Acit, Range-4 53, Madhuban Ahmedabad. Nr. Madalpur Underbridge Ahmedabad 380 006. Pan : Aabck 2513 Q अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri Bandish Soparkar, Ar With Shri Parin Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 19/07/2022 घोषणा क" तार"ख /Date Of Pronouncement: 07/10/2022 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Passed By The Ld. Commissioner Of Income-Tax(Appeals)-Xxi, Ahmedabad [Hereinafter Referred To As “Ld.Cit(A) Under Section 250(6) Of The Income Tax Act, 1961 ("The Act" For Short) Dated 18.3.2014 Pertaining To The Asst.Year 2005-06. 2. The Effective Grounds Raised By The Assessee Are As Under:

For Appellant: Shri Bandish Soparkar, AR With Shri Parin Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 250(6)

…e is revenue expenditure. The following decisions have explained the above test very categorically. Add. C.I.T. v/s. Rohit Mills Ltd. 104 ITR 132 followed by C.I.T. v/s. Mihir Taxtiled 104 ITR 167 approved by Supreme Court in Arvind Mills Limited v/s. C.I. T. 197 ITR 422 (SC)." 7.2 I have considered the assessment order and the submissions made by the appellant. The construction of temporary weather shed has been considered as repair and maintenance. In my opinion, the construction of weather shed is not repair to any existing shed but creation of assets altogether and therefore is to be treated as capital expend…

Francois Compressor India Pvt.Ltd, Pune vs. Deputy Commissioner of Income-Tax, Circle - 1(2), Pune

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 2504/PUN/2017[2013-14]Status: DisposedITAT Pune18 Aug 2021AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2504/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 ………. अपीलाथ" / Francois Compressor India Pvt. Ltd., Gat No.147/1(New), Lavale Road, Appellant Pirangut, Tal. Mulshi, Dist. Pune – 412115. Pan : Aabcf0496K. बनाम V/S ………. ""यथ" / The Dy.Commissioner Of Income Tax, Circle 1 (2), Pune. Respondent Assessee By : Shri Sharad Shah. Revenue By : Shri Amol Kamat. सुनवाई क" तारीख / Date Of Hearing : 05.08.2021 घोषणा क" तारीख / Date Of Pronouncement : 18.08.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order Dt.31.08.2017 Passed Under Sec.143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred To “The Act”) For The Assessment Year 2013-14. 2. The Brief Facts Of The Case Are As Under : The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Engaged In The Business Of Development & Sale

For Appellant: Shri Sharad ShahFor Respondent: Shri Amol Kamat
Section 143(3)Section 36(1)(va)Section 40Section 41(1)Section 92C

…loan should be taken into account to modify the figure of actual costs in the year in which the increase or decrease in liability arises on account of the fluctuation in the rate of exchange. The Hon’ble Supreme Court in the case of CIT vs. Arvind Mills Ltd., 193 ITR 255 had categorically held that the adjustments in the actual cost on account of increase or decrease in liability in the repayment of foreign loan should be taken into account. The Parliament had enacted the provisions of section 43A of the Act w.e.f. 4.1.1967 to provide for adjustments in the actual cost of the assets pursuant to change in the fore…

Addl. CIT, New Delhi vs. M/S. Global Health (P) Ltd., New Delhi

In the result, appeal of the Revenue is dismissed

ITA 3769/DEL/2017[2012-13]Status: DisposedITAT Delhi30 Dec 2020AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri K.N. Chary

Section 115Section 27

…ITA No. 3769/Del/2017 Global Health (P) Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE VICE PRESIDENT & SHRI K.N. CHARY, JUDICIAL MEMBER ITA No.-3769/Del/2017 (Assessment Year:2012-13) Addl. CIT Global Health (P) Ltd. Special Range-4 Vs. E-18, Defence Colony New Delhi. New Dlehi. PAN No. AACCG2681C Appellant Respondent Revenue by Sh. Gaurav Dudeja, Sr. DR Assessee by Sh. Rahul Khare, Adv. Date of hearing: 30.12.2020 Date of Pronouncement : 30.12.2020 ORDER PER K. NARASIMHA CHARY, JM Challenging the order dated 15/2/2017 in appeal No. 256/2016-17 passe…

M/S. Kei Industries Ltd., New Delhi vs. DCIT, New Delhi

In the result, Ground No.3

ITA 528/DEL/2016[2012-13]Status: DisposedITAT Delhi03 Dec 2020AY 2012-13

Bench: Shri Bhavnesh Saini, J.M. & Shri Anil Chaturvedi, A.M.

For Appellant: Shri Satyan Sethi, AdvocateFor Respondent: Ms. Parul Singh, Sr. D.R

…s Ltd., New Delhi. “15. I have examined the ground which is legal in nature. On going through the submissions made and the case laws relied upon, it is held that the issue is fairly settled by the judgments of Hon’ble Supreme Court in CIT v. Arvind Mills Ltd. 193 ITR 255 and Maruti Udyog Ltd. 320 ITR 729. The decision of ITAT, Mumbai Bench in DDIT v. Staubil A.G. India Branch Office (ITA No. 3703/Mum/2005), a copy of which was filed squarely covers the ground in favour of the Appellant. In that case also out of foreign currency loans, assessee had acquired premises in India. Since the fixed asset was acquired by…

ACIT, New Delhi vs. M/S. K.E.I. Industries Ltd., New Delhi

In the result, Ground No.3

ITA 1433/DEL/2014[2009-10]Status: DisposedITAT Delhi03 Dec 2020AY 2009-10

Bench: Shri Bhavnesh Saini, J.M. & Shri Anil Chaturvedi, A.M.

For Appellant: Shri Satyan Sethi, AdvocateFor Respondent: Ms. Parul Singh, Sr. D.R

…s Ltd., New Delhi. “15. I have examined the ground which is legal in nature. On going through the submissions made and the case laws relied upon, it is held that the issue is fairly settled by the judgments of Hon’ble Supreme Court in CIT v. Arvind Mills Ltd. 193 ITR 255 and Maruti Udyog Ltd. 320 ITR 729. The decision of ITAT, Mumbai Bench in DDIT v. Staubil A.G. India Branch Office (ITA No. 3703/Mum/2005), a copy of which was filed squarely covers the ground in favour of the Appellant. In that case also out of foreign currency loans, assessee had acquired premises in India. Since the fixed asset was acquired by…

Aesseal India Pvt.Ltd, Pune vs. Income-Tax Officer, Ward - 1(4), Pune

In the result, the appeal in ITA No

ITA 2203/PUN/2017[2014-15]Status: DisposedITAT Pune29 Oct 2020AY 2014-15
For Appellant: Shri Kishor PhadkeFor Respondent: Shri Mahadevan A.M. Krishanan
Section 143(1)Section 143(3)Section 43A

…loan should be taken into account to modify the figure of actual costs in the year in which the increase or decrease in liability arises on account of the fluctuation in the rate of exchange. The Hon’ble Supreme Court in the case of CIT vs. Arvind Mills Ltd., 193 ITR 255 had categorically held that the adjustments in the actual cost on account of increase or decrease in liability in the repayment of foreign loan should be taken into account. The Parliament had enacted the provisions of section 43A of the Act w.e.f. 4.1.1967 to provide for adjustments in the actual cost of the assets pursuant to change in the fore…

Aesseal India Pvt.Ltd, Pune vs. Income-Tax Officer, Ward - 1(4), Pune

In the result, the appeal in ITA No

ITA 2202/PUN/2017[2012-13]Status: DisposedITAT Pune29 Oct 2020AY 2012-13
For Appellant: Shri Kishor PhadkeFor Respondent: Shri Mahadevan A.M. Krishanan
Section 143(1)Section 143(3)Section 43A

…loan should be taken into account to modify the figure of actual costs in the year in which the increase or decrease in liability arises on account of the fluctuation in the rate of exchange. The Hon’ble Supreme Court in the case of CIT vs. Arvind Mills Ltd., 193 ITR 255 had categorically held that the adjustments in the actual cost on account of increase or decrease in liability in the repayment of foreign loan should be taken into account. The Parliament had enacted the provisions of section 43A of the Act w.e.f. 4.1.1967 to provide for adjustments in the actual cost of the assets pursuant to change in the fore…

Joint Commissioner of Income-Tax-Range-1, Bilaspur vs. South Eastern Coalfields Limited, Bilaspur

The appeals of the assessee are partly allowed for statistical purposes and the appeal of the Revenue in ITA

ITA 3/BIL/2012[2008-09]Status: DisposedITAT Raipur06 Nov 2019AY 2008-09

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm Sl.

For Appellant: S/ShriAjitKorde, S.R. RaoFor Respondent: ShriR.K. Singh
Section 143(3)Section 147Section 148Section 220(2)

…hat all the cases laws relied on by the assessee are substantially distinguishable on facts and therefore, is of no help to the assessee. The principle imbibed in the ratio laid down by the Hon’ble Supreme Court in the case of Arvind Mills Ltd. Vs. CIT (1992) 197 ITR 422 wherein it has been held that capital expenditure would not become revenue expenditure simply by reasons of the fact that it was incurred in connection with business activities which ultimately resulted in efficiently carrying on the day to day business. Enduring nature does not necessarily mean that the benefit is derived for a very long period…

Joint.Commissioner of Income Tax Range -I, Bilaspur(Cg) vs. South Eastern Coalfields Ltd, Bilaspur(Cg)

The appeals of the assessee are partly allowed for statistical purposes and the appeal of the Revenue in ITA

ITA 21/BIL/2012[2006-07]Status: DisposedITAT Raipur06 Nov 2019AY 2006-07

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm Sl.

For Appellant: S/ShriAjitKorde, S.R. RaoFor Respondent: ShriR.K. Singh
Section 143(3)Section 147Section 148Section 220(2)

…hat all the cases laws relied on by the assessee are substantially distinguishable on facts and therefore, is of no help to the assessee. The principle imbibed in the ratio laid down by the Hon’ble Supreme Court in the case of Arvind Mills Ltd. Vs. CIT (1992) 197 ITR 422 wherein it has been held that capital expenditure would not become revenue expenditure simply by reasons of the fact that it was incurred in connection with business activities which ultimately resulted in efficiently carrying on the day to day business. Enduring nature does not necessarily mean that the benefit is derived for a very long period…

DCIT, New Delhi vs. M/S. Sentia Power Ltd., New Delhi

In the result, ITA number 146/Del/2016 filed by the learned assessing officer for assessment year 2012 – 13 is dismissed

ITA 1461/DEL/2016[2012-13]Status: DisposedITAT Delhi21 Aug 2019AY 2012-13

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishisentia Power Ltd, Vs. Ito, (Formerly Known As Indiabulls Ward-11(4), Cseb Bhiyathan Power Ltd), New Delhi M-62 & 63, 1St Floor, Connaught Place, New Delhi Pan: Aabci8901M (Appellant) (Respondent) The Deputy Commissioner Of Vs. Sentia Power Ltd, Income Tax (Formerly Known As Circle 23(2) Indiabulls Cseb Bhiyathan New Delhi Power Ltd), M-62 & 63, 1St Floor, Connaught Place, New Delhi Pan: Aabci8901M (Appellant) (Respondent)

For Appellant: Shri Ajay Wadhwa, AdvFor Respondent: Shri Arun Kumar Yadav, Sr DR

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Sentia Power Ltd, Vs. ITO, (formerly known as Indiabulls Ward-11(4), CSEB Bhiyathan Power Ltd), New Delhi M-62 and 63, 1st Floor, Connaught Place, New Delhi PAN: AABCI8901M (Appellant) (Respondent) The Deputy Commissioner of Vs. Sentia Power Ltd, Income Tax (formerly known as Circle 23(2) Indiabulls CSEB Bhiyathan New Delhi Power Ltd), M-62 and 63, 1st Floor, Connaught Place, New Delhi PAN: AABCI8901M (Appellant) (Respondent) Assessee by : Shri Ajay Wadhwa, Adv Ms. R…

M/S. Sentia Power Ltd., New Delhi vs. ITO, New Delhi

In the result, ITA number 146/Del/2016 filed by the learned assessing officer for assessment year 2012 – 13 is dismissed

ITA 3498/DEL/2015[2011-12]Status: DisposedITAT Delhi21 Aug 2019AY 2011-12

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishisentia Power Ltd, Vs. Ito, (Formerly Known As Indiabulls Ward-11(4), Cseb Bhiyathan Power Ltd), New Delhi M-62 & 63, 1St Floor, Connaught Place, New Delhi Pan: Aabci8901M (Appellant) (Respondent) The Deputy Commissioner Of Vs. Sentia Power Ltd, Income Tax (Formerly Known As Circle 23(2) Indiabulls Cseb Bhiyathan New Delhi Power Ltd), M-62 & 63, 1St Floor, Connaught Place, New Delhi Pan: Aabci8901M (Appellant) (Respondent)

For Appellant: Shri Ajay Wadhwa, AdvFor Respondent: Shri Arun Kumar Yadav, Sr DR

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Sentia Power Ltd, Vs. ITO, (formerly known as Indiabulls Ward-11(4), CSEB Bhiyathan Power Ltd), New Delhi M-62 and 63, 1st Floor, Connaught Place, New Delhi PAN: AABCI8901M (Appellant) (Respondent) The Deputy Commissioner of Vs. Sentia Power Ltd, Income Tax (formerly known as Circle 23(2) Indiabulls CSEB Bhiyathan New Delhi Power Ltd), M-62 and 63, 1st Floor, Connaught Place, New Delhi PAN: AABCI8901M (Appellant) (Respondent) Assessee by : Shri Ajay Wadhwa, Adv Ms. R…

Dr. Apurva Goswamy, Chandigarh vs. DCIT, C-1(1), Chandigarh

ITA 1344/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh29 Nov 2018AY 2012-13

Bench: This Bench Is To Contest The Confirmation Of Addition Of A Sum Of Rs.1,17,82,620/- Out Of The Disallowance Made By The Assessing Officer. This Ground Reads As Under:

For Appellant: Shri. Harish NayyarFor Respondent: Smt. Chandrakanta

…: 48,17,887/-(30% for 6 months) Balance : 1,12,41,737/- 3.4 Thus the above expenditure incurred by the assessee is hereby capitalized. Reliance is also place on the ratio of decision of the Hon'ble Supreme Court in the case of Arvind Mills Ltd. V. CIT (1992) 197 ITR 422 , (SC) in which it was held that the cost of development is to be treated as Capital Expenditure. Similar view has also been upheld by Hon'ble Rajasthan HC in the case of Lake Palace Hotels & Motels Pvt.Ltd. V. CIT (1995) 213 ITR 735 (Raj.). 3.5 In view of the above facts and legal position over the issue, the expenses of Rs. 1,23,38,831/- (Rs.…

Dr. Apurva Goswamy, Chandigarh vs. DCIT, C-1(1), Chandigarh

ITA 1343/CHANDI/2017[2010-11]Status: DisposedITAT Chandigarh29 Nov 2018AY 2010-11

Bench: This Bench Is To Contest The Confirmation Of Addition Of A Sum Of Rs.1,17,82,620/- Out Of The Disallowance Made By The Assessing Officer. This Ground Reads As Under:

For Appellant: Shri. Harish NayyarFor Respondent: Smt. Chandrakanta

…: 48,17,887/-(30% for 6 months) Balance : 1,12,41,737/- 3.4 Thus the above expenditure incurred by the assessee is hereby capitalized. Reliance is also place on the ratio of decision of the Hon'ble Supreme Court in the case of Arvind Mills Ltd. V. CIT (1992) 197 ITR 422 , (SC) in which it was held that the cost of development is to be treated as Capital Expenditure. Similar view has also been upheld by Hon'ble Rajasthan HC in the case of Lake Palace Hotels & Motels Pvt.Ltd. V. CIT (1995) 213 ITR 735 (Raj.). 3.5 In view of the above facts and legal position over the issue, the expenses of Rs. 1,23,38,831/- (Rs.…

Glaxosmithkline Asia (P) Ltd., Gurgaon vs. ACIT, Chandigarh

In the result, appeal of the Assessee is allowed for statistical purposes

ITA 1323/CHANDI/2012[2003-04]Status: DisposedITAT Chandigarh28 Sept 2018AY 2003-04
For Appellant: Sh. Neeraj Jain (C.A), Sh. Abhishek Mukherjee (C.A)For Respondent: Dr. Gulshan Raj
Section 143(3)

…was a cost to get out of unviable business which resulted in enduring benefit to the assessee. The assessing officer placed reliance on the decision of the Apex Court in J.K. Cotton Manufacturers Limited vs. CIT: 101 ITR 221 and Arvind Mills Limited vs. CIT: 197 ITR 422 in this regard. In terms of section 2(14)(i) of the Act, stock-in-trade cannot be regarded as a capital asset. The aforesaid loss on write off of obsolete stock of Aquafresh toothpaste, it is respectfully submitted, is stock-in-trade of the appellant and any loss relating to the same necessarily is in the revenue field. Your Honour's kind atten…

The Hindustan Co Op Bank Ld, Mumbai vs. Asst CIT 17(3), Mumbai

ITA 2090/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jul 2018AY 2012-13

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2012-13 The Hindustan Co-Op Assistant Commissioner Of Bank Ltd., 4/A, Devi Vs. Income Tax-17(3), Galli, Baburao Bodde, Mumbai. Lokhand Bazar, Mumbai-400009 Pan No. Aabat4355R Appellant Respondent Assessee By : Mr. Amar Gahlot, Ar Revenue By : Mr. Abiram Karthikeyan, Dr Date Of Hearing : 30/07/2018 Date Of Pronouncement : 31/07/2018

For Appellant: Mr. Amar Gahlot, ARFor Respondent: Mr. Abiram Karthikeyan, DR
Section 143(3)Section 246

…expenses on which only depreciation is allowable. In response to it, the assessee filed a reply dated 17.03.2015 before the AO. However, the AO was not convinced with the said reply of the assessee and relying on the decision in Arvind Mill Ltd. v. CIT (1992) 197 ITR 422, 429, 431 (SC) The Hindustan Co-op Bank 3 and CIT v. Navsari Cotton & Silk Mills Ltd. (1982) 135 ITR 546 (Guj), treated the above expenses of Rs.42,95, 992/- as capital expenditure. After allowing depreciation @ 15% on it, the AO made a disallowance of the balance amount of Rs.36,51,593/-. 4. Aggrieved by the order of the AO, the assessee filed…

DCIT, New Delhi vs. M/S. Delhi International Airport Pvt. Ltd., New Delhi

In the result appeal of the revenue in ITA No

ITA 4202/DEL/2013[2007-08]Status: DisposedITAT Delhi14 Dec 2017AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2007-08 Acit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Assessment Year: 2007-08 Dcit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Co No. 226/Del/2011 (Arising Ita No.2720/Del/2011) Assessment Year: 2007-08

For Appellant: Shri S.E. Dastur, Sr. Advocate and Shri Ankit Agrawal, CAFor Respondent: Ms. Rachna Singh, CIT(DR)
Section 143(3)Section 271(1)(c)Section 80I

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Assessment Year: 2007-08 ACIT, Vs. M/s. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. PAN No. AACCD3570F (Appellant) (Respondent) Assessment Year: 2007-08 DCIT, Vs. M/s. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. PAN No. AACCD3570F (Appellant) (Respondent) CO No. 226/DEL/2011 (Arising…

ACIT, New Delhi vs. M/S Delhi International Airport Pvt. Ltd., New Delhi

In the result appeal of the revenue in ITA No

ITA 2720/DEL/2011[2007-08]Status: DisposedITAT Delhi14 Dec 2017AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishiassessment Year: 2007-08 Acit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Assessment Year: 2007-08 Dcit, Vs. M/S. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. Pan No. Aaccd3570F (Appellant) (Respondent) Co No. 226/Del/2011 (Arising Ita No.2720/Del/2011) Assessment Year: 2007-08

For Appellant: Shri S.E. Dastur, Sr. Advocate and Shri Ankit Agrawal, CAFor Respondent: Ms. Rachna Singh, CIT(DR)
Section 143(3)Section 271(1)(c)Section 80I

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Assessment Year: 2007-08 ACIT, Vs. M/s. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. PAN No. AACCD3570F (Appellant) (Respondent) Assessment Year: 2007-08 DCIT, Vs. M/s. Delhi International Airport Pvt. Ltd. Circle 10(1) Udaan Bhawan, Terminal 1B, New Delhi Indira Gandhi International Airport, New Delhi. PAN No. AACCD3570F (Appellant) (Respondent) CO No. 226/DEL/2011 (Arising…

Sai Om Developers P.Ltd, Mumbai vs. ITO WD 10(2)(2), Mumbai

In the result, appeal for A

ITA 1962/MUM/2015[2010-11]Status: DisposedITAT Mumbai21 Dec 2016AY 2010-11

Bench: Shri Mahavir Singh () & Shri Ashwani Taneja ()

Section 143(3)

…part according to convenient to the lessee. Since, the assessee has made structural change in the building premises, therefore, these expenditure is nothing but capital expenditure. For this purpose reliance is placed on the case of Arvind Mills Ltd. CIT (SC) 197 ITR 422.” (Copy of the decision is enclosed at page nos 241 to 244 of the paperbook). 11 I.T.A. No.1962 & 1963/Mum/2015 xi) In this regard it is submitted that the decision of the Hon. Supreme Court in the case of Arvind Mills Ltd. v. CIT - 197 ITR 422 is distinguishable as the facts in that case are different from that of the assessee's case. The Court…