What is Ballimal Naval Kishore v. CIT authority for?

The Court approved the test for 'current repairs' under section 31(i) of the Income-tax Act, stating that expenditure qualifies as repairs if its object is to preserve and maintain an existing asset. It does not qualify as repairs if its object is to bring a new asset into existence or obtain a new or improved asset.

How many judgments cite Ballimal Naval Kishore v. CIT?

41 judgments on BharatTax cite Ballimal Naval Kishore v. CIT (2 SCC 449), spanning 2003 to 2023.

Ballimal Naval Kishore v. CIT (2 SCC 449)

M/S. TANFAC INDUSTREIS LTD.,,CHENNAI vs. ACIT, CORPORATE CIRCLE - 3 (1),, CHENNAI

In the result, the appeal stands dismissed

ITA 719/CHNY/2020[2003-04]Status: DisposedITAT Chennai04 Jan 2023AY 2003-04

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri R.Vijayaraghavan, (Advocate)- Ld. ARFor Respondent: Shri D.Hema Bhupal (JCIT)-Ld. DR

Section 143(3)

…of 25 machines) needed repairs. The entire machine had been replaced. Therefore, the expenditure incurred by the assessee did not fall within the meaning of "current repairs" in section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT [1997] 2 SCC 449 approved the test formulated by Chagla, C.J. in the case of New Shorrock Spg. & Mfg. Co. Ltd. v. CIT [1956] 30 ITR 338 (Bom.) as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which i…

M/S SWABHIMANI SOUHARDA CREDIT CO OPERATIVE LTD vs. INCOME TAX OFFICER (ITO) WARD-5(2)(3)

In the result, Writ appeals stand dismissed

ITA/832/2018HC Karnataka20 Dec 2021

Bench: S.SUJATHA,S RACHAIAH

Section 143(3)Section 260Section 4

…total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely :— …………… -22- Provided ….” 11. In the case of Delhi Cloth & General Mills Co. Ltd., V/s. State of Rajasthan and Others [(1996) 2 SCC 449], the Hon’ble Apex Court has held thus: “16. The Validating Act provides that, notwithstanding anything contained in Sections 4 to 7 of the 1959 Act or in any judgment, decree, order or direction of any court, the villages of Raipura and Ummedganj should be deemed always to have continued to exist and they continue to exist within the li…

M/S SWABHIMANI SOUHARDA CREDIT CO-OPERATIVE LTD vs. INCOME TAX OFFICER (ITO) WARD-5(2)(3

In the result, Writ appeals stand dismissed

ITA/833/2018HC Karnataka20 Dec 2021

Bench: S.SUJATHA,S RACHAIAH

Section 143(3)Section 260Section 4

…total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely :— …………… -22- Provided ….” 11. In the case of Delhi Cloth & General Mills Co. Ltd., V/s. State of Rajasthan and Others [(1996) 2 SCC 449], the Hon’ble Apex Court has held thus: “16. The Validating Act provides that, notwithstanding anything contained in Sections 4 to 7 of the 1959 Act or in any judgment, decree, order or direction of any court, the villages of Raipura and Ummedganj should be deemed always to have continued to exist and they continue to exist within the li…

M/S SRI VARUN SOUHARDA CREDIT CO OP LTD vs. THE INCOME TAX OFFICER

In the result, Writ appeals stand dismissed

ITA/295/2019HC Karnataka20 Dec 2021

Bench: S.SUJATHA,S RACHAIAH

Section 143(3)Section 260Section 4

…total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely :— …………… -22- Provided ….” 11. In the case of Delhi Cloth & General Mills Co. Ltd., V/s. State of Rajasthan and Others [(1996) 2 SCC 449], the Hon’ble Apex Court has held thus: “16. The Validating Act provides that, notwithstanding anything contained in Sections 4 to 7 of the 1959 Act or in any judgment, decree, order or direction of any court, the villages of Raipura and Ummedganj should be deemed always to have continued to exist and they continue to exist within the li…

M/S UDAYA SOUHARDA CREDIT CO-OP SOCIETY LTD vs. THE INCOME TAX OFFICER

In the result, Writ appeals stand dismissed

ITA/869/2018HC Karnataka20 Dec 2021

Bench: S.SUJATHA,S RACHAIAH

Section 143(3)Section 260Section 4

…total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely :— …………… -22- Provided ….” 11. In the case of Delhi Cloth & General Mills Co. Ltd., V/s. State of Rajasthan and Others [(1996) 2 SCC 449], the Hon’ble Apex Court has held thus: “16. The Validating Act provides that, notwithstanding anything contained in Sections 4 to 7 of the 1959 Act or in any judgment, decree, order or direction of any court, the villages of Raipura and Ummedganj should be deemed always to have continued to exist and they continue to exist within the li…

M/S UDAYA SOUHARDA CREDIT CO OP SOCIETY LTD vs. THE INCOME TAX OFFICER

In the result, Writ appeals stand dismissed

ITA/330/2019HC Karnataka20 Dec 2021

Bench: S.SUJATHA,S RACHAIAH

Section 143(3)Section 260Section 4

…total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely :— …………… -22- Provided ….” 11. In the case of Delhi Cloth & General Mills Co. Ltd., V/s. State of Rajasthan and Others [(1996) 2 SCC 449], the Hon’ble Apex Court has held thus: “16. The Validating Act provides that, notwithstanding anything contained in Sections 4 to 7 of the 1959 Act or in any judgment, decree, order or direction of any court, the villages of Raipura and Ummedganj should be deemed always to have continued to exist and they continue to exist within the li…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE vs. M/S. KARNATAKA STATE POLICE HOUSING & INFRASTRUCTURE DEVELOPENT CORPORATION LIMITED, BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 187/BANG/2020[2015-16]Status: DisposedITAT Bangalore25 Nov 2021AY 2015-16