Blue Star Ltd. v. CIT

217 ITR 514High Court1996#6309 most cited
18

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Judgments citing Blue Star Ltd. v. CIT

DOW CHEMICALS INTERNATIONAL PVT LTD. AS SUCCESSOR OF ROHM AND HAAS (INDIA) PVT LTD,MUMBAI vs. ITO 14 (1)(3), MUMBAI

In the result, the appeal of the assessee is allowed partly for statistical purposes

ITA 7936/MUM/2019[2015-16]Status: DisposedITAT Mumbai19 May 2022AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2015-16 Dow Chemical International Private Income Tax Officer-14(1)(3), Limited As Successor Of Rohm & Hass Room No. 458, 4Th Floor, (India) Private Limited, Vs. Aayakar Bhavan, M.K. Road, Godrej It Park-P2, 1St Floor Block B, 02, Mumbai-400020. Lbs Road, Godrej Business District, Pirojshanagar, Vikhroli (West), Mumbai-400079. Pan No. Aaacr 2855 F Appellant Respondent

For Appellant: Mr. Rajan R. Vora/For Respondent: Dr. Yogesh Kamat, CIT-DR
Section 92C

…liates for marketing various products of the Dow overseas entities including SBH. It is on this account payment was received by the assessee. In this regard it is noted that the order of the Division Bench of Mumbai High Court in Blue Star Ltd. v. CIT [1996] 217 ITR 514/ 1995] 79 Taxman 281 (Bom) is applicable to the facts of this case. The Division Bench held as under: 6. The question whether a particular income arising from termination of a contract is a "capital receipt" or a "revenue receipt" is undoubtedly a difficult question to be answered. Where, on a consideration of the circumstances, a payment is ma…

MAX NEW YORK LIFE INSURANCE COMPANY LTD.,GURGAON vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the appeal of the assessee is partly allowed

ITA 541/DEL/2018[2014-15]Status: DisposedITAT Delhi13 May 2020AY 2014-15

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimax New York Life Insurance Vs. Dcit, Company Ltd, Circle-1, Ltu, New Delhi Plot No. 90A, Sector-18, Udyog Vihar, Haryana (Appellant) (Respondent)

For Appellant: Shri Himanshu S. Sinha, AdvFor Respondent: Ms. Parmita M. Biswas, CIT DR
Section 10(34)Section 115BSection 271(1)(c)Section 37(1)Section 44Section 72Section 80G

…uly given by the joint commissioner which was apparent from the facts therein and therefore the bench decided against the assessee while upholding the validity of the approval u/s 151. The learned DR Also relied on the decision of Blue star Ltd. v. CIT [1996] 217 ITR 514/79 Taxman 281 (Mum) for the proposition of law that a case is only an authority for what is actually decides. In this decision it was held "Every judgment must be read as applicable to the particular facts proved or assumed to be proved, since the generally of the expressions which may be found there are not intended to be expositions of the whol…

M/S GREEN EDUCATIONAL SOCIETY,BATHINDA vs. COMMISSIONER OF INCOME TAX, (EXAMPTION), CHANDIGARH

In the result, the assessee’s appeal is dismissed

ITA 684/ASR/2017[2017-18]Status: DisposedITAT Amritsar10 Jun 2019AY 2017-18

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 684/Asr/2017

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. M. P. Singh, CIT-DR
Section 10Section 12A

…o the following decisions: Rajpur Ruda Meha vs. State of Gujarat [1980] 2 SCR 353; CIT v. Sun Engineering Works (P.) Ltd. [1992] 198 ITR 297 (SC); Lachman Dass Bhatia Hingwala (P.) Ltd. vs. Asstt. CIT [2011] 330 ITR 243 (Del)(FB); Blue Star Ltd. v. CIT [1996] 217 ITR 514 (Bom). No substantial question of law was found by the Hon’ble Court to arise from the order by the tribunal, for it to interfere. The present case, accordingly, cannot be said to be covered by the said decision. 3.2 Next, we may consider the decision in Sole Trustee, Lok Sikshan Sansthan (supra), to examine the validity of the objection by the…

M/S. LAL SAI ESTATES PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result all the appeals of the assessee are allowed

ITA 5486/DEL/2016[2011-12]Status: DisposedITAT Delhi29 Oct 2018AY 2011-12

Bench: Shri Amit Shukla & Shri L.P. Sahu

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Vijay Varma, CIT, DR
Section 132Section 143(3)Section 153Section 153C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA Nos.: -5484, 5485, 5486/Del/2016 Assessment Years: 2007-08; 2010-11; 2011-12 Lal Sai Estates Pvt. Ltd. ITO B-491, Ward-15(1) Vs. New friends Colony, New Delhi. New Delhi – 110 065 PAN AABCL0660M (Appellant) (Respondent) Assessee by: Shri Ved Jain, Advocate Shri Ashish Chadha, CA Department by : Shri Vijay Varma, CIT, DR Date of Hearing 21/08/2018 Date of 29/10/2018 pronouncement O R D E R PER AMIT SHUKLA, J.M. The aforesaid appeals have been filed by the assessee again…

M/S. LAL SAI ESTATES PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result all the appeals of the assessee are allowed

ITA 5485/DEL/2016[2010-11]Status: DisposedITAT Delhi29 Oct 2018AY 2010-11

Bench: Shri Amit Shukla & Shri L.P. Sahu

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Vijay Varma, CIT, DR
Section 132Section 143(3)Section 153Section 153C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA Nos.: -5484, 5485, 5486/Del/2016 Assessment Years: 2007-08; 2010-11; 2011-12 Lal Sai Estates Pvt. Ltd. ITO B-491, Ward-15(1) Vs. New friends Colony, New Delhi. New Delhi – 110 065 PAN AABCL0660M (Appellant) (Respondent) Assessee by: Shri Ved Jain, Advocate Shri Ashish Chadha, CA Department by : Shri Vijay Varma, CIT, DR Date of Hearing 21/08/2018 Date of 29/10/2018 pronouncement O R D E R PER AMIT SHUKLA, J.M. The aforesaid appeals have been filed by the assessee again…

M/S. LAL SAI ESTATES PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result all the appeals of the assessee are allowed

ITA 5484/DEL/2016[2007-08]Status: DisposedITAT Delhi29 Oct 2018AY 2007-08

Bench: Shri Amit Shukla & Shri L.P. Sahu

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Vijay Varma, CIT, DR
Section 132Section 143(3)Section 153Section 153C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA Nos.: -5484, 5485, 5486/Del/2016 Assessment Years: 2007-08; 2010-11; 2011-12 Lal Sai Estates Pvt. Ltd. ITO B-491, Ward-15(1) Vs. New friends Colony, New Delhi. New Delhi – 110 065 PAN AABCL0660M (Appellant) (Respondent) Assessee by: Shri Ved Jain, Advocate Shri Ashish Chadha, CA Department by : Shri Vijay Varma, CIT, DR Date of Hearing 21/08/2018 Date of 29/10/2018 pronouncement O R D E R PER AMIT SHUKLA, J.M. The aforesaid appeals have been filed by the assessee again…

DCIT, NEW DELHI vs. M/S TERMA A/S,

In the result appeal filed by the revenue stands dismissed

ITA 89/DEL/2016[2012-13]Status: DisposedITAT Delhi02 Jul 2018AY 2012-13

Bench: Shri N.K.Billaiya & Smt. Beena A Pillaiay: 2012-13 Dcit, Circle 3(1)(1) Vs. M/S Terma A/S New Delhi Hovmarken 4 8520, Lystrup Denmark

For Appellant: NoneFor Respondent: Sh. G.K.Dhall, CIT, D.R
Section 195Section 195(1)Section 195(2)Section 201Section 234ASection 234B

…d by the order of Ld. AO, revenue is in appeal before us now. 6. Ld. CIT,DR placed reliance upon the decision of Alcatel Lucent USA Inc., reported in 264 CTR 240 as well as the decision of Hon’ble Bombay High Court in case of Blue Star Ltd vs. CIT reported in 217 ITR 514. 7. We have perused the submissions advanced by Ld. CIT,DR on the basis of the records placed before us. 7.1. In our considered opinion, this issue has attained finality by the decision of Hon’ble Supreme Court in case of DIT, Intl.Tax.-I vs. G.E.Parts INC., reported in (2016) 73 Taxman.Com 186, wherein Hon’ble Court upheld decision of Hon’ble De…

LUX FOUNDATION,KOLKATA vs. CIT (EXEMPTION), KOLKATA, KOLKATA

Appeal is allowed

ITA 1593/KOL/2017[-------]Status: DisposedITAT Kolkata24 May 2018
Section 12ASection 12A(1)

…submitted that ld. CIT has thoroughly discussed the issue by relying on various decisions which are applicable to the facts of the present case. He also relied on the decision of the Hon’ble Bombay High Court in the case of Blue Star Ltd. vs. CIT reported in 217 ITR 514. 10. Ld. counsel for the assessee, in his rejoinder, submitted that the decision relied on by the ld. DR in the case of Blue Star Ltd. (supra) is not applicable to the facts of the present case. In that case the issue was relating to capital receipts or income whereas in the present case the issue is relating to power of ld. CIT at the time of gr…

M/S HORIZON BUILDERS & DEVELOPERS,AMRITSAR. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, AMRITSAR.

In the result, the assessee's appeals are partly allowed

ITA 400/ASR/2015[2008-09]Status: DisposedITAT Amritsar08 Feb 2018AY 2008-09

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryi.T.A Nos.399&400(Asr)/2015 Assessment Years: 2007-08&2009-10 Pan: Aaefh 5966J

For Appellant: Sh. Ashwani Kalia (C.A)For Respondent: Smt. Balwinder Kaur (D.R)
Section 153CSection 69Section 69A

…India Ltd. vs. State of Haryana and Another [1991] 188 ITR 402 (SC) (also refer: CIT v. Sun Engineering Works (P.) Ltd. (1992) 198 ITR 297 (SC); Lachman Dass Bhatia Hingwala (P.) Ltd. vs. Asstt. CIT (2011) 330 ITR 243 (Del.) (FB); Blue Star Ltd. v. CIT (1996) 217 ITR 514 (Bom)). It is the ratio of a judgment that is binding, and all that Hon'ble Court has laid down is that the conditions precedent for a section are to be satisfied before the same could be invoked. The matter therefore boils down to being one of fact. In the facts of the present case, expenditure on building material as well as on services in rela…

M/S HORIZON BUILDERS & DEVELOPERS,AMRITSAR. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, AMRITSAR.

In the result, the assessee's appeals are partly allowed

ITA 399/ASR/2015[2007-08]Status: DisposedITAT Amritsar08 Feb 2018AY 2007-08

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryi.T.A Nos.399&400(Asr)/2015 Assessment Years: 2007-08&2009-10 Pan: Aaefh 5966J

For Appellant: Sh. Ashwani Kalia (C.A)For Respondent: Smt. Balwinder Kaur (D.R)
Section 153CSection 69Section 69A

…India Ltd. vs. State of Haryana and Another [1991] 188 ITR 402 (SC) (also refer: CIT v. Sun Engineering Works (P.) Ltd. (1992) 198 ITR 297 (SC); Lachman Dass Bhatia Hingwala (P.) Ltd. vs. Asstt. CIT (2011) 330 ITR 243 (Del.) (FB); Blue Star Ltd. v. CIT (1996) 217 ITR 514 (Bom)). It is the ratio of a judgment that is binding, and all that Hon'ble Court has laid down is that the conditions precedent for a section are to be satisfied before the same could be invoked. The matter therefore boils down to being one of fact. In the facts of the present case, expenditure on building material as well as on services in rela…

VIDYADAYANI SHIKSHA SAMITI,ROORKEE vs. CIT (EXEMPTIONS), LUCKNOW

In the result, the appeal filed by the assessee is allowed

ITA 309/DEL/2016[]Status: DisposedITAT Delhi14 Dec 2017

Bench: Shri R. K. Panda & Shri Kuldip Singhvidyadayani Shiksha Samiti, Cit (Exemptions)-5, Vs. 2, Civil Lines, Roorkee. Lucknow. Pan : Aaaav6951C (Appellant) (Respondent)

For Appellant: Shri Piyush Kaushik, AdvFor Respondent: Shri Vijay Verma, CIT-DR
Section 1Section 12Section 12ASection 12A(1)Section 13(1)(b)

…bmitted that ld. CIT has thoroughly discussed the issue by relying on various decisions which are applicable to the facts of the present case. He also 7 relied on the decision of the Hon’ble Bombay High Court in the case of Blue Star Ltd. vs. CIT reported in 217 ITR 514. 10. Ld. counsel for the assessee, in his rejoinder, submitted that the decision relied on by the ld. DR in the case of Blue Star Ltd. (supra) is not applicable to the facts of the present case. In that case the issue was relating to capital receipts or income whereas in the present case the issue is relating to power of ld. CIT at the time of…

AGILE ELECTRIC SUB ASSEMBLY (P) LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, the assessee’s appeal is disposed of in the aforesaid terms

ITA 2497/CHNY/2016[2011-12]Status: DisposedITAT Chennai29 Dec 2016AY 2011-12

Bench: Shri Sanjay Arora & Shri G. Pavan Kumarआयकर अपील सं./Ita No.2497/Mds/2016 "नधा"रण वष" / Assessment Year : 2011-12

For Appellant: Shri T.Banusekar, CAFor Respondent: Shri Pathlavath Peerya, CIT
Section 143(3)Section 79

…ecides and not what may remotely or even logically follow from it.” (also refer: CIT v. Sun Engineering Works (P.) Ltd. (1992) 198 ITR 297 (SC); Lachman Dass Bhatia Hingwala (P.) Ltd. vs. Asstt. CIT [2011] 330 ITR 243 (Del.) (FB); Blue Star Ltd. v. CIT [1996] 217 ITR 514 (Bom.)) ‘Controlling interest’ in a company gives substantial rights of management and control, besides being accompanied by acquisition of an asset (in the form of shares – held directly and indirectly in the company), that enables a control over its policies and activities, as emphasized by the Apex Court in Italindia Cotton Co. Pvt. Ltd. (supr…

ACIT, CC-44, MUMBAI vs. SHILPA SUNIL MAJITHIA, MUMBAI

In the result, the Revenue’s appeals and assessee’s cross objections are dismissed

ITA 5138/MUM/2009[1995-96]Status: DisposedITAT Mumbai24 Oct 2016AY 1995-96
Section 268A

…आयकर अपील"य अ"धकरण “ई” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SANJAY ARORA, AM AND SHRI RAM LAL NEGI, JM आयकर अपील सं./I.T.A. Nos. 5138 & 5139/Mum/2009 ("नधा"रण वष" / Assessment Years: 2003-04 & 2006-07) DC. CC-44, Room No. 656, Shilpa Sunil Majithia बनाम/ 6th Floor, Aayakar Bhavan, 3/30, Gita Bhavan, C-Wing, M. K. Road, Mumbai-20 Bulabhai Desai Road, Vs. Mumbai-400 036 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AAFPM 7765 B (अपीलाथ" /Appellant) (""यथ" / Respondent) : & ""या"ेप सं. /C.O. Nos. 69 & 70/Mum/2010 (Arising out of ITA Nos. 5138 & 5139/Mum/2009) ("नधा"रण वष" / As…

ITO WD 2(4), THANE vs. SHIV OM UNIVERSAL, BADLAPUR

In the result, the Revenue’s appeal is dismissed

ITA 6754/MUM/2014[2008-09]Status: DisposedITAT Mumbai22 Sept 2016AY 2008-09
For Appellant: Shri Vachaspati TripathiFor Respondent: Shri Shriram Bajaj
Section 143(3)Section 80

…आयकर अपील"य अ"धकरण “ई” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SANJAY ARORA, AM AND SHRI PAWAN SINGH, JM आयकर अपील सं./I.T.A. No.6754/Mum/2014 ("नधा"रण वष" / Assessment Year: 2008-09) Income Tax Officer, Shiv Om Universal, बनाम/ Ward 2(4), A-10, Ganesh Krupa, Mumbai Near Sneha Building, Katrap, Vs. Badlapur (E)-421 503 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. AAVFS 5403 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant by : Shri Vachaspati Tripathi ""यथ" क" ओर से/Respondent by : Shri Shriram Bajaj सुनवाई क" तार"ख / : 02.06.2016 Date of Hearing घोष…

DCIT 3(2), MUMBAI vs. LML LTD, MUMBAI

In the result, appeal of the revenue stands dismissed

ITA 3666/MUM/2011[2006-07]Status: DisposedITAT Mumbai21 Jun 2016AY 2006-07

Bench: Shri G S Pannu & Shri Amit Shukla

Section 143(3)

…profit making apparatus was sterilized due to various negative covenants. He also distinguished the decisions relied upon by the AO, that is, CIT v Shamsher Printing Press, reported in [1960] 39 ITR 90, in the case of Blue Star Ltd vs CIT, reported in [1995] 217 ITR 514 on the ground that, in the first decision the compensation was paid for compulsory vacation of premise and assessee had shifted its business place without impairing the business at all because assessee continued its business later on and there was no loss of actual profit making apparatus. In the second decision, the compensation was paid for los…

THE ACIT RG-3(2) vs. M/S. LML LTD,

In the result, appeal of the revenue stands dismissed

ITA 3668/MUM/2004[2000-2001]Status: DisposedITAT Mumbai21 Jun 2016AY 2000-2001

Bench: Shri G S Pannu & Shri Amit Shukla

Section 143(3)

…profit making apparatus was sterilized due to various negative covenants. He also distinguished the decisions relied upon by the AO, that is, CIT v Shamsher Printing Press, reported in [1960] 39 ITR 90, in the case of Blue Star Ltd vs CIT, reported in [1995] 217 ITR 514 on the ground that, in the first decision the compensation was paid for compulsory vacation of premise and assessee had shifted its business place without impairing the business at all because assessee continued its business later on and there was no loss of actual profit making apparatus. In the second decision, the compensation was paid for los…

M/S. LML LTD.,MUMBAI vs. THE ADDL CIT RG.3(2),

In the result, appeal of the revenue stands dismissed

ITA 3540/MUM/2004[2000-2001]Status: DisposedITAT Mumbai21 Jun 2016AY 2000-2001

Bench: Shri G S Pannu & Shri Amit Shukla

Section 143(3)

…profit making apparatus was sterilized due to various negative covenants. He also distinguished the decisions relied upon by the AO, that is, CIT v Shamsher Printing Press, reported in [1960] 39 ITR 90, in the case of Blue Star Ltd vs CIT, reported in [1995] 217 ITR 514 on the ground that, in the first decision the compensation was paid for compulsory vacation of premise and assessee had shifted its business place without impairing the business at all because assessee continued its business later on and there was no loss of actual profit making apparatus. In the second decision, the compensation was paid for los…

MAHINDRA TELECOMMUNICATIONS INVESTMENT P.LTD,MUMBAI vs. ITO 2(2)(3), MUMBAI

In the result, the assessee’s appeal is dismissed

ITA 2832/MUM/2012[2008-09]Status: DisposedITAT Mumbai24 May 2016AY 2008-09

Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 2832/Mum/2012 ("नधा"रण वष" / Assessment Year: 2008-09) Mahindra Telecommunications Income Tax Officer, 2(2)(3), बनाम/ Investment Private Limited Aaykar Bhavan, Mumbai-400 020 Gateway Building, Apollo Bunder, Vs. Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacm 3774 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri H. P. Mahajani ""यथ" क" ओर से/Respondent By : Shri Randhir Gupta सुनवाई क" तार"ख / : 24.02.2016 Date Of Hearing घोषणा क" तार"ख / : 24.05.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-5, Mumbai (‘Cit(A)’ For Short) Dated 18.1.2012, Dismissing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2008-09 Vide Order Dated 30.12.2010. 2. The Background Facts The Facts Of The Case Are Simple & Undisputed. The Assessee-Company, Incorporated Under The Companies Act, 1956, Pursuant To A Shareholders’ Agreement Dated March

For Appellant: Shri H. P. MahajaniFor Respondent: Shri Randhir Gupta
Section 143(3)

…again trite law that a precedent is an authority only for what it actually decides and not what may remotely or even logically follow from it (refer: Goodyear India Ltd. vs. State of Haryana and Another [1991] 188 ITR 402 (SC) and Blue Star Ltd. v. CIT (1996) 217 ITR 514 (Bom). In sum 5. The assessee following the accrual method of accounting for finalizing its accounts as well as reporting income - being in fact legally obliged to do so, the said concept, i.e., accrual, a fundamental accounting assumption – so that the accounts cannot be considered as reflecting a true and fair state of affairs until the same i…

Blue Star Ltd. v. CIT (217 ITR 514) — Cited in 18 Judgments | BharatTax