Bongaigaon Refinery & Petrochemicals Ltd. v. CIT

104 ITR 101High Court1976#10057 most cited

What is Bongaigaon Refinery & Petrochemicals Ltd. v. CIT authority for?

The Gauhati High Court followed a previous decision regarding the transfer of assets to form an undertaking, asserting that if new plant and machinery are used and constructed for production, it is incorrect to claim prior used assets were transferred.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2018 to 2019.

Also referred to as

Bongaigaon Refinery & Petrochemicals Ltd. v. CIT · 104 ITR 101 · Gauhati High Court · transfer of assets · new plant and machinery · undertaking formation · business restructuring

Judgments citing Bongaigaon Refinery & Petrochemicals Ltd. v. CIT

Oil India Ltd., Dibrugarh vs. The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh

ITA 33/GTY/2018[2008-09]Status: DisposedITAT Guwahati26 Aug 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

Oil India Ltd., Dibrugarh vs. Assistant Commissioner of Income Tax, Circle -2, Dibrugarh

ITA 9/GTY/2014[2010-11]Status: DisposedITAT Guwahati26 Aug 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

Oil India Ltd., Dibrugarh vs. Assistant Commissioner of Income Tax, Range -2, Dibrugarh

ITA 325/GTY/2013[2009-10]Status: DisposedITAT Guwahati26 Aug 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

Oil India Ltd., Dibrugarh vs. Additional Commissioner of Income Tax, Range -2, Dibrugarh

ITA 87/GTY/2010[2007-08]Status: DisposedITAT Guwahati26 Aug 2019AY 2007-08

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 123/GTY/2008[2006-07]Status: DisposedITAT Guwahati26 Aug 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 122/GTY/2008[2005-06]Status: DisposedITAT Guwahati26 Aug 2019AY 2005-06

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 121/GTY/2008[2004-05]Status: DisposedITAT Guwahati26 Aug 2019AY 2004-05

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 120/GTY/2008[2003-04]Status: DisposedITAT Guwahati26 Aug 2019AY 2003-04

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…the jurisdiction of the High Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machin…

DCIT 3(3)(2), Mumbai vs. Parkar Markewel Industries P.Ltd, Navi Mumbai

In the result, both the appeals of Revenue are dismissed

ITA 769/MUM/2016[2006-07]Status: DisposedITAT Mumbai15 Jun 2018AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am

For Appellant: Shri Dr. SK Shivram &For Respondent: Shri Rajat Mittal, DR
Section 10BSection 143(3)Section 254Section 263

…Aayakr ApIlaIya AiQakrNa “C” nyaayapIz maMuba[- mao. IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI G MANJUNATHA, AM Aayakr ApIla saM./ ITA No. 768/Mum/2016 (inaQa-arNa baYa- / Assessment Year 2004-05) Aayakr ApIla saM./ ITA No. 769/Mum/2016 (inaQa-arNa baYa- / Assessment Year 2006-07) The Dy. Commissioner of M/s Parkar Markwel Income Tax 3(2)(2), Mumbai Industries P. Ltd (Formerly known as Markwel Hose Industries Pvt. Ltd.) Vs. Plot No. EL-25, MIDC, TTC Industrial Area, Navi Mumbai-400 709 .. (p`%yaqaaI- / Respondent) (ApIlaaqaI- / Appellant) PAN No. AAACM9967D R…

DCIT 3(3)(2), Mumbai vs. Parkar Markewel Industries P.Ltd, Navi Mumbai

In the result, both the appeals of Revenue are dismissed

ITA 768/MUM/2016[2004-05]Status: DisposedITAT Mumbai15 Jun 2018AY 2004-05

Bench: Sri Mahavir Singh, Jm & Sri G Manjunatha, Am

For Appellant: Shri Dr. SK Shivram &For Respondent: Shri Rajat Mittal, DR
Section 10BSection 143(3)Section 254Section 263

…Aayakr ApIlaIya AiQakrNa “C” nyaayapIz maMuba[- mao. IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SRI MAHAVIR SINGH, JM AND SRI G MANJUNATHA, AM Aayakr ApIla saM./ ITA No. 768/Mum/2016 (inaQa-arNa baYa- / Assessment Year 2004-05) Aayakr ApIla saM./ ITA No. 769/Mum/2016 (inaQa-arNa baYa- / Assessment Year 2006-07) The Dy. Commissioner of M/s Parkar Markwel Income Tax 3(2)(2), Mumbai Industries P. Ltd (Formerly known as Markwel Hose Industries Pvt. Ltd.) Vs. Plot No. EL-25, MIDC, TTC Industrial Area, Navi Mumbai-400 709 .. (p`%yaqaaI- / Respondent) (ApIlaaqaI- / Appellant) PAN No. AAACM9967D R…