CIT v. Associated Cement Companies Ltd.

172 ITR 257Supreme Court of India1988#814 most cited

What is CIT v. Associated Cement Companies Ltd. authority for?

An expenditure is classified as either capital or revenue; the 'enduring benefit' test is a key criterion for this distinction, and income tax law does not generally recognize deferred revenue expenditure unless specifically provided.

126

judgments rely on this decision, according to BharatTax’s citation analysis of 367,518 Indian tax judgments — from 2010 to 2026.

Also referred to as

CIT v. Associated Cement Companies Ltd. · 172 ITR 257 · capital expenditure · revenue expenditure · enduring benefit test · deferred revenue expenditure · business deductions · Section 35D · Section 32(1)(ii) · Section 40A(9)

Sections most often in play

Section 143(3)Section 254Section 115JBSection 133ASection 194ASection 201Section 201ASection 271(1)(c)

Issues it is cited on

recognised provident fundsection 50bsection 43b(f)approved gratuity fundsection 40a(9)test of enduring benefitsection 211section 35dwholly and exclusively for businesssection 32(1)(ii)enduring benefitslump sale

Judgments citing CIT v. Associated Cement Companies Ltd.

M/S Havells India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 6072/DEL/2010[2004-05]Status: DisposedITAT Delhi25 Aug 2020AY 2004-05

Bench: Shri Amit Shukla & Shri Prashant Maharishihavells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Circle-12(1), Civil Lines, New Delhi Cr Building Ip Estate, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Havells India Ltd, Vs. Dcit, 1/7 Ram Kishore Road, Ltu, Nbcc Plaza, Civil Lines, New Delhi Pusp Vihar, Sector-4, Saket, Pan: Aaach0351E New Delhi (Appellant) (Respondent) Acit (Ltu), Vs. Havells India Ltd, Nbcc Plaza, Pusp Vihar, Sector- 1/7 Ram Kishore Road, 4, Saket, New Delhi Civil Lines, New Delhi Pan: Aaach0351E (Appellant) (Respondent)

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Saras Kumar, Sr. DR
Section 143(3)Section 144ASection 14ASection 80H

…he expenditure would be on revenue account, even though the advantage may endure for an indefinite future." The ratio deciendi laid down in the aforesaid judgment has been reiterated by the Honourable Supreme Court in CIT v. Associated Cement Companies Ltd.: [172 ITR 257], and again in the case of Alembic Chemical Works Co. Ltd. v. CIT: [177 ITR 377]. He also referred to several decisions to the same effect as i. CIT vs. Madras Auto Service (P) Ltd.: 233 ITR 468 (SC) ii. CIT vs. Associated Cement Companies Ltd: 172 ITR 257(SC) iii. Commissioner of Income Tax v. Hindustan Zinc Ltd. : 322 ITR 478 (Raj) iv. CIT v. J…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

ITA 1959/DEL/2016[2005-06]Status: DisposedITAT Delhi06 Aug 2020AY 2005-06

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 115JSection 143(1)Section 143(2)Section 14A

…ire Jute Co Ltd vs CIT: 124 ITR l laid down the test for determining as to what constitutes capital expenditure. The ratio decidendi laid down in the fore said judgment has been reiterated in the following decisions: • CIT vs Associated Cement Companies Ltd: 172 ITR 257 (SC) • Alembic Chemical Works Co. Ltd vs CIT: 177 ITR 377 (SC) The aforesaid expenditure on computer software too, it is submitted, did not result in an enduring benefit in the capital field and, therefore, the same is not in the nature of capital expenditure. The Hon’ble Delhi High Court in the case of CIT vs K & Co. 181 CTR 378 upheld that the…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

ITA 1958/DEL/2016[2004-05]Status: DisposedITAT Delhi06 Aug 2020AY 2004-05

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 115JSection 143(1)Section 143(2)Section 14A

…ire Jute Co Ltd vs CIT: 124 ITR l laid down the test for determining as to what constitutes capital expenditure. The ratio decidendi laid down in the fore said judgment has been reiterated in the following decisions: • CIT vs Associated Cement Companies Ltd: 172 ITR 257 (SC) • Alembic Chemical Works Co. Ltd vs CIT: 177 ITR 377 (SC) The aforesaid expenditure on computer software too, it is submitted, did not result in an enduring benefit in the capital field and, therefore, the same is not in the nature of capital expenditure. The Hon’ble Delhi High Court in the case of CIT vs K & Co. 181 CTR 378 upheld that the…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

ITA 1957/DEL/2016[2003-04]Status: DisposedITAT Delhi06 Aug 2020AY 2003-04

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 115JSection 143(1)Section 143(2)Section 14A

…ire Jute Co Ltd vs CIT: 124 ITR l laid down the test for determining as to what constitutes capital expenditure. The ratio decidendi laid down in the fore said judgment has been reiterated in the following decisions: • CIT vs Associated Cement Companies Ltd: 172 ITR 257 (SC) • Alembic Chemical Works Co. Ltd vs CIT: 177 ITR 377 (SC) The aforesaid expenditure on computer software too, it is submitted, did not result in an enduring benefit in the capital field and, therefore, the same is not in the nature of capital expenditure. The Hon’ble Delhi High Court in the case of CIT vs K & Co. 181 CTR 378 upheld that the…

Triveni Engineering & Industries Ltd., Noida vs. ACIT, New Delhi

ITA 1956/DEL/2016[2002-03]Status: DisposedITAT Delhi06 Aug 2020AY 2002-03

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 115JSection 143(1)Section 143(2)Section 14A

…ire Jute Co Ltd vs CIT: 124 ITR l laid down the test for determining as to what constitutes capital expenditure. The ratio decidendi laid down in the fore said judgment has been reiterated in the following decisions: • CIT vs Associated Cement Companies Ltd: 172 ITR 257 (SC) • Alembic Chemical Works Co. Ltd vs CIT: 177 ITR 377 (SC) The aforesaid expenditure on computer software too, it is submitted, did not result in an enduring benefit in the capital field and, therefore, the same is not in the nature of capital expenditure. The Hon’ble Delhi High Court in the case of CIT vs K & Co. 181 CTR 378 upheld that the…

Triveni Engineering & Industries Ltd., Noida vs. Addl. CIT, New Delhi

ITA 1955/DEL/2016[2001-02]Status: DisposedITAT Delhi06 Aug 2020AY 2001-02

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 115JSection 143(1)Section 143(2)Section 14A

…ire Jute Co Ltd vs CIT: 124 ITR l laid down the test for determining as to what constitutes capital expenditure. The ratio decidendi laid down in the fore said judgment has been reiterated in the following decisions: • CIT vs Associated Cement Companies Ltd: 172 ITR 257 (SC) • Alembic Chemical Works Co. Ltd vs CIT: 177 ITR 377 (SC) The aforesaid expenditure on computer software too, it is submitted, did not result in an enduring benefit in the capital field and, therefore, the same is not in the nature of capital expenditure. The Hon’ble Delhi High Court in the case of CIT vs K & Co. 181 CTR 378 upheld that the…

Natvar Parikh & Co. P.Ltd, Mumbai vs. CIT Cen IV, Mumbai

In the result, this ground of appeal is partly allowed

ITA 2082/MUM/2015[2010-11]Status: DisposedITAT Mumbai25 Feb 2020AY 2010-11

Bench: Shri R.C. Sharma & Shri Pawan Singh

For Appellant: Shri Madhur Agarwal (AR)For Respondent: Shri Michael Jerald (DR)
Section 143(2)Section 14ASection 254(1)Section 40Section 40A

…(57 ITR 400) is not applicable on the facts of the present case. In support of his submission, the ld. AR of the assessee relied upon the decision of Hon’ble Supreme Court in case of Empire Jute Co. Ltd. [1980] 124 ITR 1 and Associated Cement Co. Ltd. [1988] 172 ITR 257. 12. On the other hand, the ld. DR for the revenue supported the order of lower authorities. The ld. DR submits that the payment was made for realization of certain land which was not a part of asset of assessee. The assessee in its reply dated 21.12.2012 filed before the Assessing Officer clearly stated that the owner of land i.e. Natvar Prikh…

M/S. Multitude Infrastructures Pvt. Ltd., New Delhi vs. DCIT, New Delhi

The Appeal of the assessee is allowed

ITA 2722/DEL/2017[2012-13]Status: DisposedITAT Delhi13 Dec 2019AY 2012-13

Bench: Sh. G. S. Pannu & Ms Suchitra Kamblei.T.A. No. 2722/Del/2017 (A.Y 2012-13) M/S. Multitude Infrastructure Vs Deputy Commissioner Of Pvt. Ltd., 1St Floor, Ece House, Income Tax, 28, Kasturba Gandhi Marg, Circle – 17(1) New Delhi – 110 001. New Delhi (Pan : Aafcm 5511 L) (Appellant) (Respondent) Appellant By Sh. Vivek Bansal, Advocate Respondent By Ms. Rakhi Vimal, Sr. D.R. Date Of Hearing 11.12.2019 Date Of Pronouncement 13.12.2019

Section 143(1)Section 143(2)Section 143(3)Section 14ASection 250

…rent is on revenue account and cannot be considered as capital expenditure. The Ld. AR relied upon the following decisions: a) Empire Jute Co. Ltd. vs. Commissioner of Income Tax 124 ITR 1(SC) b) Commissioner of Income-tax vs. Associated Cement Companies Ltd. 172 ITR 257(SC) c) Commissioner of Income-tax vs. Gemini Arts (P.) Ltd. 254 ITR 201 (Madras) d) Deputy Commissioner of Income-tax vs. Sun Pharmaceutical India Ltd. 329 ITR 479 e) Commissioner of Income-tax vs. Madras Auto Service (P.) Ltd. [233 ITR 468 (SC)] f) Commissioner of Income-tax vs. H.M.T. Ltd. 203 ITR 820 4 6. The Ld. DR submitted that the Assessi…

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)

…nd taken on long lease and as the said expenditure resulted in a saving of rent which was a revenue expenditure, the Honble Apex Court allowed the said expenditure as revenue expenditure. Similarly, in the case of CIT v. Associated Cement Companies Ltd.(1988) 172 ITR 257 (SC), the assessee by bearing the cost of laying pipelines as per the agreement entered into with the government/municipality, was not needed to pay municipal taxes for 15 years and considering that the assessee in the absence of the said arrangement would have to pay the taxes every year to the debit of revenue account, the said expenditure was…

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)

…nd taken on long lease and as the said expenditure resulted in a saving of rent which was a revenue expenditure, the Honble Apex Court allowed the said expenditure as revenue expenditure. Similarly, in the case of CIT v. Associated Cement Companies Ltd.(1988) 172 ITR 257 (SC), the assessee by bearing the cost of laying pipelines as per the agreement entered into with the government/municipality, was not needed to pay municipal taxes for 15 years and considering that the assessee in the absence of the said arrangement would have to pay the taxes every year to the debit of revenue account, the said expenditure was…

ACIT, Circle - 5(2), Kolkata vs. M/S. Balmer Lawrie & Co. Ltd., Kolkata

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 98/KOL/2018[2012-13]Status: DisposedITAT Kolkata31 Oct 2019AY 2012-13

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

…ot render the payment anything more than rent paid in advance, instead of paying the same in future periodically. The coordinate bench of this Tribunal also took note of the judgment of the Hon’ble Supreme Court in the case of CIT Vs Associated Cement Co Ltd (172 ITR 257) wherein it was held that entire premium paid in lumpsum was deductible as business expenditure in the very first year because such payment obviated the need of making periodical payments of higher rent. The Tribunal also noted that the Hon’ble Supreme Court in the case of Madras Industrial Investment Corporation Ltd Vs CIT (supra) had held that…

Balmer Lawrie & Co. Ltd., Kolkata vs. DCIT, Circle - 5(2), Kolkata

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 111/KOL/2018[2012-13]Status: DisposedITAT Kolkata31 Oct 2019AY 2012-13

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

…ot render the payment anything more than rent paid in advance, instead of paying the same in future periodically. The coordinate bench of this Tribunal also took note of the judgment of the Hon’ble Supreme Court in the case of CIT Vs Associated Cement Co Ltd (172 ITR 257) wherein it was held that entire premium paid in lumpsum was deductible as business expenditure in the very first year because such payment obviated the need of making periodical payments of higher rent. The Tribunal also noted that the Hon’ble Supreme Court in the case of Madras Industrial Investment Corporation Ltd Vs CIT (supra) had held that…

DCIT, C-5, Ludhiana vs. M/S Satyam Auto Components Ltd., Ludhiana

In the result, both the appeals of the Revenue are hereby

ITA 589/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh10 Jul 2019AY 2012-13

Bench: Shri N.K. Saini & Shrisanjay Gargआयकरअपीलसं./Ita No. 1500/Chd/2017 "नधा"रणवष" / Assessment Year : 2011-12 The Dcit, Circle-5, Vs. M/S Satyam Auto Components Ludhiana Pvt Ltd., G.T.Road, Hero बनाम Nagar, Ludhiana

For Appellant: Sh. Manjit Singh, CIT DRFor Respondent: Sh. Subhash Aggarwal, Advocate
Section 36

…ure incurred by the assessee company on training was to bring an asset into existence. On this preposition, the learned AR of the assessee company relied upon the decision of the Honorable Apex Court in the case of CIT Vs. Associated Cements Companies Limited 172 ITR 257(SC). Apart from this, reliance has also been made on the following decisions:- (i). Alembic Chemical Works Co. Ltd. Vs. CIT 177 ITR 377 (SC) (ii). CIT Vs. Southern Roadways Limited 304 ITR 88 (Mad)(HC) It has again been submitted that the expenditure incurred is of revenue in nature as against treated by the Assessing Officer as capital expendi…

DCIT, C-5, Ludhiana vs. M/S Satyam Auto Components Ltd., Ludhiana

In the result, both the appeals of the Revenue are hereby

ITA 1500/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh10 Jul 2019AY 2011-12

Bench: Shri N.K. Saini & Shrisanjay Gargआयकरअपीलसं./Ita No. 1500/Chd/2017 "नधा"रणवष" / Assessment Year : 2011-12 The Dcit, Circle-5, Vs. M/S Satyam Auto Components Ludhiana Pvt Ltd., G.T.Road, Hero बनाम Nagar, Ludhiana

For Appellant: Sh. Manjit Singh, CIT DRFor Respondent: Sh. Subhash Aggarwal, Advocate
Section 36

…ure incurred by the assessee company on training was to bring an asset into existence. On this preposition, the learned AR of the assessee company relied upon the decision of the Honorable Apex Court in the case of CIT Vs. Associated Cements Companies Limited 172 ITR 257(SC). Apart from this, reliance has also been made on the following decisions:- (i). Alembic Chemical Works Co. Ltd. Vs. CIT 177 ITR 377 (SC) (ii). CIT Vs. Southern Roadways Limited 304 ITR 88 (Mad)(HC) It has again been submitted that the expenditure incurred is of revenue in nature as against treated by the Assessing Officer as capital expendi…

ITO 3(3)(3), Mumbai vs. Thebroma Foods P.Ltd, Mumbai

In the result, the appeal of the Revenue in ITA no

ITA 765/MUM/2017[2012-13]Status: DisposedITAT Mumbai09 Apr 2019AY 2012-13

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.765/Mum/2017 (नििाारण वर्ा / Assessment Year : 2012-13) बिाम/ Ito 3(3)(3) M/S. Theobroma Foods R.No. 672, Pvt. Ltd., Aayakar Bhavan, 101, Jamuna Sagar, V. M.K. Road, 59/60, Shahid Bhagat New Marine Lines, Singh Road, Mumbai-400020 Colaba, Mumbai 400005 स्थायी ऱेखा सं./ Pan: Aacct0588K (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. D.G Pansari (Dr) Assessee By: Shri. Rohan Deshpande सुनवाई की तारीख /Date Of Hearing : 28.01.2019 घोषणा की तारीख /Date Of Pronouncement : 09.04.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 765/Mum/2017, Is Directed Against Appellate Order Dated 28.10.2016 In Appeal No. Cit(A)-8/It-344/15-16, Passed By Learned Commissioner Of Income Tax (Appeals)-8, Mumbai (Hereinafter Called ―The Cit(A)‖), For Assessment Year(Ay) 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Assessment Order Dated 31.03.2015 Passed By Learned Assessing Officer (Hereinafter Called ―The Ao‖) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called ―The Act‖) For Ay 2012-13. I.T.A. No.765/Mum/2017

For Appellant: Shri. Rohan DeshpandeFor Respondent: Shri. D.G Pansari (DR)
Section 143(2)Section 143(3)Section 30

…. After adverting to the earlier judgments of the Court in Lakshmiji Sugar Mills Co. (P.) Ltd. v. CIT[1971] 82 ITR 376 (SC) , L.H. Sugar Factory & Oil Mills (P.) Ltd. v. CIT (1980) 125 ITR 293/4 Taxman 5 ($C) and CIT v. Associated Cement Companies Ltd. [1988] 172 ITR 257 /38 Taxman 11OA (SC) the Supreme Court observed as follows: "All these cases have looked upon expenditure which did bring about some kind of an enduring benefit to the company as a revenue expenditure when the expenditure did not bring into existence any capital asset for the company. The asset which was created belonged to somebody else and the…

JCIT, Rang-2, Kota vs. Chambal Fertilisers and Chemicals Limited, Kota

In the result, respective grounds of appeal are allowed for statistical purposes

ITA 575/JPR/2015[2011-12]Status: DisposedITAT Jaipur17 Oct 2018AY 2011-12
For Appellant: Shri Percy Pardiwala (Adv.)For Respondent: Shri Varinder Mehta (CIT)
Section 14A

…ts” in schedule 6 of its Annual Accounts. In the computation of income filed by the assessee, it has claimed the deduction of Rs. 1,91,59,945/- following the decision of the Hon’ble Supreme Court in case of CIT vs. Associated Cement Companies Ltd. reported in 172 ITR 257. 55. During the course of assessment proceedings, the AO, after going through the details of the anicut expenses, issued a show cause to the assessee to explain as to why the said expenses should not be disallowed since these constitute capital expenditure. In its submission, the assessee company submitted that in order to overcome the water shor…

Chambal Fertilisers and Chemicals Limited, Kota vs. JCIT, Kota

In the result, respective grounds of appeal are allowed for statistical purposes

ITA 461/JPR/2015[2011-12]Status: DisposedITAT Jaipur17 Oct 2018AY 2011-12
For Appellant: Shri Percy Pardiwala (Adv.)For Respondent: Shri Varinder Mehta (CIT)
Section 14A

…ts” in schedule 6 of its Annual Accounts. In the computation of income filed by the assessee, it has claimed the deduction of Rs. 1,91,59,945/- following the decision of the Hon’ble Supreme Court in case of CIT vs. Associated Cement Companies Ltd. reported in 172 ITR 257. 55. During the course of assessment proceedings, the AO, after going through the details of the anicut expenses, issued a show cause to the assessee to explain as to why the said expenses should not be disallowed since these constitute capital expenditure. In its submission, the assessee company submitted that in order to overcome the water shor…

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)

…the expenditure would be on revenue account, even though the advantage may endure for an indefinite future ..... " The ratio decidendi laid down in the aforesaid judgement has been reiterated by the Supreme Court in CIT vs. Associated Cement Companies Ltd. : 172 ITR 257 and again in the case of Alembic Chemical Works Co. Ltd. v. CIT: 177 ITR 377. It is respectfully submitted, therefore, that the loss on account of stock write off was essentially on trading account and did not result in either an enduring benefit in the capital field or creation of capital asset and are, therefore, to be held as allowable revenue…

D.C.I.T., Circle-10(1), Kolkata vs. M/S Laboratories Griffon Pvt. Ltd., Kolkata

In the result, the appeal of assessee is allowed

ITA 1918/KOL/2016[2012-13]Status: DisposedITAT Kolkata07 Sept 2018AY 2012-13

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am]

…for the purpose of facilitating the business of the assessee and making it more efficient and profitable. It was, therefore, revenue expenditure.” 14 Laboratories Griffon Pvt. Ltd., AY 2012-13 19. In CIT v. Associated Cement Companies Ltd. reported in [1988] 172 ITR 257 (SC), the respondent-company entered into an agreement to supply water to the municipality and provide water pipelines as also to supply electricity for street lighting and put up a transmission line for that purpose. The assessee also agreed to concrete the main road from the factory to the railway station. The amounts expended for these purpose…

ACIT, Circle-1 vs. Oil & Natural Gas Corporation Ltd

In the result, appeal filed by the Revenue is dismissed

ITA 374/DEL/2005[2000-2001]Status: DisposedITAT Delhi17 Aug 2018AY 2000-2001

Bench: Shri N.K. Billaiya & Smt Beena A. Pillai

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Shefali Swaroop, CIT- DR

…sions in the following cases: a) CIT Vs. Madras Auto Services [P] Ltd 233 ITR 468 [SC] b) Lakshmiji Sugar Mills Co Pvt Ltd Vs. CIT 82 ITR 376 [SC] c) L.H. Sugar Factory and Oil Mills Pvt Ltd Vs. CIT 125 ITR 293 [SC] d) CIT Vs. Associated Cement Companies ltd 172 ITR 257 [SC] e) CIT Vs. DTTDC Ltd 350 ITR 1 [DEL] 68. Per contra, the ld. DR strongly submitted that the decisions relied upon by the ld. counsel for the assessee are misplaced. It is the say of the ld. DR that the helipad belongs to the assessee and to protect the same from overflow of water, the assessee has constructed boundary wall. The ld. DR vehem…