CIT v. Carborundum Universal Ltd.

110 ITR 621High Court1977#12058 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2024.

Judgments citing CIT v. Carborundum Universal Ltd.

JCIT (OSD) CIRCLE-2, TRICHY vs. THE KARUR VYSYA BANK LTD., KARUR

In the result, appeal filed by the Revenue for assessment year

ITA 635/CHNY/2020[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 620/Chny/2020 िनधा"रण वष" / Assessment Year: 2017-18 Deputy Commissioner Of Income M/S. Karur Vysya Bank, V. Tax, Finance &Control Dept., Circle -2(1), Erode Road, Trichy. Karur – 639 002. [Pan: Aaact-3373-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.: 635/Chny/2020 िनधा"रण वष" / Assessment Year: 2017-18 M/S. Karur Vysya Bank, The Joint Commissioner Of V. Finance &Control Dept., Income Tax, Erode Road, Circle -2, Karur – 639 002. No.44, Williams Road, [Pan: Aaact-3373-J] Contanment, Trichy – 620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By : Shri. Ananthan, Ca & Smt. R. Lalitha, Ca Department By : Shri. Nilay Baran Som, Cit सुनवाई क" तारीख/Date Of Hearing : 05.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 20.09.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. Ananthan, CA & Smt. R. Lalitha, CAFor Respondent: Shri. Nilay Baran Som, CIT
Section 145Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)

…nder section 41(1) of the Act. 7. The CIT(A) erred in allowing the deduction claimed by the assessee towards ex-gratia payment. 8. The CIT(A) failed to appreciate decision of the Hon'ble Madras High Court in the case of CIT vs Carborundum Universal Ltd (1977) 110 ITR 621 (Mad), wherein it was held that nature of payment was one as described in section 36(1)(iv) but said payment could not be deducted under section 36(1)(iv) because it was not a contribution to an approved superannuation fund, such payment could not be deducted under section 28 on general principle in arriving at profits and gains of business in a…

NARESH KUMAR CHAWLA ,FARIDABAD vs. ACIT CIRCLE-2(1), FARIDABAD

In the result, appeal of the assessee is 13

ITA 1188/DEL/2022[2018-19]Status: DisposedITAT Delhi09 Feb 2023AY 2018-19

Bench: Shri Anil Chaturvedi & Shri Narender Kumar Choudhary

For Appellant: Shri Anuj Tiwari, CAFor Respondent: Shri Jeetender Chand
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…gains of 15 ITA.No.1188/Del./2022 Naresh Kumar Chawla. business commercially. Reference can be made to the decision of Hon’ble Madras High Court in the case of CIT vs. Tube Investments (I) Ltd. (1991) 129 ITR 75 (Mad), CIT vs. Carborundum Universal Ltd (1997) 110 ITR 621 (Mad). We are therefore of the view that reliance placed by learned AR on the decision of BBG Metal Syndicate (supra) is misplaced on the facts of the present case and therefore not applicable to the present facts. 12. Considering the aforesaid, and in the absence of any contrary binding decision placed on record in support of the assessee, we f…

DHARMA PRODUCTIONS PVT. LTD.,MUMBAI vs. ACIT - 16(1), MUMBAI

The appeal of the assessee is allowed

ITA 6174/MUM/2016[2011-12]Status: DisposedITAT Mumbai26 Jul 2018AY 2011-12

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2012-13 M/S. Dharma Productions Acit-16(1), Private Limited, Room No.439, बनाम/ Unit No.201 & 202, 2Nd 4Th Floor, Vs. Floor, Supreme Chambers, Aayakar Bhavan, Off Veera Desai Road, Mumbai-40020 17/18, Shah Industrial Estate, Andheri (W), Mumbai-400053 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.Aaacd3889K "नधा"रती क" ओर से / Assessee By Shri Rakesh Mohan Shri Ram Tiwari-Dr राज"व क" ओर से / Revenue By 04/06/2018 सुनवाई क" तार"ख / Date Of Hearing : घोषणा क" तार"ख/Date Of Pronouncement 26/07/2018 2 M/S Dharma Productions Pvt. Ltd.

Section 143(3)

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, ‘एच’,मुंबई। IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “H”, MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी जी. मंजूनाथ, लेखा सद"य, के सम" Before Shri JOGINDER SINGH, Judicial Member, and Shri G. MANJUNATHA, Accountant Member Assessment Year: 2012-13 M/s. Dharma Productions ACIT-16(1), Private Limited, Room No.439, बनाम/ Unit No.201 & 202, 2nd 4th Floor, Vs. Floor, Supreme Chambers, Aayakar Bhavan, Off Veera Desai Road, Mumbai-40020 17/18, shah Industrial Estate, Andheri (W), Mumbai-400053 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.AAACD3889K "नधा"रती क" ओर से / Assesse…

COMM OF WEALTHTAX HYD vs. M/S. N.K.LEASINGANDCONST CO P.LTD HYD

Appeal is disposed of

ITTA/67/2003HC Telangana11 Jul 2017
Section 35Section 37

…sallowing such expenditure as an item of business expenditure for 13 the purpose of section 37 of the Act. Though learned counsel for the Revenue placed considerable reliance upon the decision in CIT v. Carborundum Universal Ltd., [1977] 110 ITR 621 (Mad), we are of the view that that decision does not in any manner assist the Revenue. In that case, the asses-see claimed deduction of a certain amount in the computation of its profits and gains of the business by way of contribution to the superannuation fund of its foreign collaborators and that claim was disallowed by the autho…

DHARMA PRODUCTIONS P LTD,MUMBAI vs. ASST CIT 16(1), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 25/MUM/2015[2010-11]Status: DisposedITAT Mumbai21 Mar 2017AY 2010-11

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Dharma Productions Pvt. Ltd., Vs. The Asst. Commissioner Of 29, Jains Arcade, 2Nd Floor, 14Th Road, Income-Tax- 16(1) Khar (West), Mumbai 400 052 Aayakar Bhavan, 4Th Floor, Pan:Aaacd 3889 K Room No.439,Mumbai .. Appellant Respondent Appellant By .. Shri Vijay Mehta, Ar .. Respondent By Shri B. S. Bist, Dr Date Of Hearing .. 23-12-2016 .. Date Of Pronouncement 21-03-2017 O R D E R Per Mahavir Singh, Jm:

Section 143(3)

…enditure as an item of business expenditure for the purpose of section 37 of the Act. Though learned counsel for the Revenue 21 Dharma Productions Pvt. Ltd. AY: 10-11 placed considerable reliance upon the decision in CIT v. Carborundum Universal Ltd. [1977] 110 ITR 621 (Mad), we are of the view that decision does not in any manner assist the Revenue. In that case, the assessee claimed deduction of a certain amount in the computation of its profits and gains of the business by way of contribution to the superannuation fund of its foreign collaborators and that claim was disallowed by the authorities below. Howev…

DCIT CEN CIR 29, MUMBAI vs. YASH RAJ FILMS P. LTD, MUMBAI

ITA 3345/MUM/2012[2007-08]Status: DisposedITAT Mumbai20 Jan 2017AY 2007-08
For Appellant: Shri Porus Kaka-ARFor Respondent: Ms. Vidisha Kalra -DR
Section 133ASection 143(3)Section 254(1)Section 68

…in the Act or the rules disallowing such expenditure as an item of business expenditure for the purpose of section 37 of the Act. Though learned counsel for the Revenue placed considerable reliance upon the decision in CIT v. Carborundum Universal Ltd. [1977] 110 ITR 621(Mad), we are of the view that that decision does not in any manner assist the Revenue. In that case, the assessee claimed deduction of a certain amount in the computation of its profits and gains of the business by way of 2597 &3345/M/12-YRF(07-08) contribution to the superannuation fund of its foreign collaborators and that claim was disallowed…

YASH RAJ FILMS PVT. LTD.,MUMBAI vs. A.C.I.T. CENTRAL CIRCLE 29, MUMBAI

ITA 2597/MUM/2012[2007-08]Status: DisposedITAT Mumbai20 Jan 2017AY 2007-08
For Appellant: Shri Porus Kaka-ARFor Respondent: Ms. Vidisha Kalra -DR
Section 133ASection 143(3)Section 254(1)Section 68

…in the Act or the rules disallowing such expenditure as an item of business expenditure for the purpose of section 37 of the Act. Though learned counsel for the Revenue placed considerable reliance upon the decision in CIT v. Carborundum Universal Ltd. [1977] 110 ITR 621(Mad), we are of the view that that decision does not in any manner assist the Revenue. In that case, the assessee claimed deduction of a certain amount in the computation of its profits and gains of the business by way of 2597 &3345/M/12-YRF(07-08) contribution to the superannuation fund of its foreign collaborators and that claim was disallowed…

COMMR.OF INCOME TAX VISAKHAPATNAM vs. SOUTH GLORY INTERNATIONAL P.LTD VISAKHAP

Appeal is disposed of

ITTA/18/1999HC Telangana30 Jan 2012
Section 35Section 37

…Act or the rules disallowing such expenditure as an item of business expenditure for the purpose of section 37 of the Act. Though learned counsel for the Revenue placed considerable reliance upon the decision in CIT v. Carborundum Universal Ltd., [1977] 110 ITR 621 (Mad), we are of the view that that decision does not in any manner assist the Revenue. In that case, the asses-see claimed deduction of a certain amount in the computation of its profits and gains of the business by way of contribution to the superannuation fund of its foreign collaborators and that claim was disallowed by the autho…

CIT v. Carborundum Universal Ltd. (110 ITR 621) — Cited in 8 Judgments | BharatTax