CIT v. Chemicals and Plastics India Ltd.

292 ITR 115High Court#8101 most cited

What is CIT v. Chemicals and Plastics India Ltd. authority for?

Expenditure incurred for the maintenance of a Chamber of Commerce, to which the assessee is a member, is admissible as a business expenditure if the Chamber's activities further the business interests of its constituents.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2022.

Also referred to as

CIT v. Chemicals and Plastics India Ltd. · Section 37(1) · business expenditure · Chamber of Commerce · trade association · membership fees · furtherance of business interests · revenue expenditure

Judgments citing CIT v. Chemicals and Plastics India Ltd.

M/S. the Sandur Manganese & Iron Ores Ltd, Sandur vs. Assistant Commissioner of Income Tax, Circle-1, Bellary

In the result, both the appeals filed by the assessee stands partly allowed

ITA 1965/BANG/2018[2015-16]Status: DisposedITAT Bangalore29 Jun 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri S. Parthasarathi
Section 37(1)

…e is, therefore, rejected." Page 12 ITA Nos. 1964 & 1965/Bang/2018 15. The assessee is now in appeal before us against the aforesaid findings of the Id. CIT(A). The Id. AR on behalf of the assessee relied upon the decision in Chemicals & Plastics India Ltd. 292 ITR 115 (Mad): CIT Vs. Cooperative Sugars Ltd., 304 ITR 259(Kerala); ACIT Vs. Rajasthan Spinning and Weaving Mills Ltd.,274 ITR 463(Rajasthan) while contending that since activities of the FIMI are closely linked with the welfare of mining industry, the expenditure is admissible as revenue . 16. On the other hand, the Id. DR supported the findings of the…

M/S. the Sandur Manganese & Iron Ores Ltd, Sandur vs. Assistant Commissioner of Income Tax, Circle-1, Bellary

In the result, both the appeals filed by the assessee stands partly allowed

ITA 1964/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Jun 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri S. Parthasarathi
Section 37(1)

…e is, therefore, rejected." Page 12 ITA Nos. 1964 & 1965/Bang/2018 15. The assessee is now in appeal before us against the aforesaid findings of the Id. CIT(A). The Id. AR on behalf of the assessee relied upon the decision in Chemicals & Plastics India Ltd. 292 ITR 115 (Mad): CIT Vs. Cooperative Sugars Ltd., 304 ITR 259(Kerala); ACIT Vs. Rajasthan Spinning and Weaving Mills Ltd.,274 ITR 463(Rajasthan) while contending that since activities of the FIMI are closely linked with the welfare of mining industry, the expenditure is admissible as revenue . 16. On the other hand, the Id. DR supported the findings of the…

M/S Zeenath Transport Company, Bellary vs. The Assistant Commissioner of Income Tax Circle-1, Bellary

In the result, appeal filed by the assessee stands partly allowed as indicated herein above

ITA 1780/BANG/2018[2012-13]Status: DisposedITAT Bangalore18 Aug 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Siva Prasad Reddy, AdvocateFor Respondent: Ms. Neera Malhotra, CIT (DR)
Section 135Section 37Section 37(1)

…ons of section 37(1) of the Act. The same is, therefore, rejected. " 15. The assessee is now in appeal before us against the aforesaid findings of the Id. CIT(A). The Id. AR on behalf of the assessee relied upon the decision in Chemicals & Plastics India Ltd. 292 ITR 115 (Mad): CIT Vs. Cooperative Sugars Ltd., 304 ITR 259(Kerala); ACIT Vs. Rajasthan Spinning and Weaving Mills Ltd.,274 ITR 463(Rajasthan) while contending that since activities of the FIMI are closely linked with the welfare of mining industry, the expenditure is admissible as revenue . 16. On the other hand, the Id. DR supported the findings of the…

DCIT Corporate Circle 2(1), Chennai vs. The India Cements Ltd., Chennai

In the result, the appeal of the Revenue in I

ITA 2416/CHNY/2019[2016-17]Status: DisposedITAT Chennai12 Dec 2019AY 2016-17

Bench: Shri George Mathan & Shri S. Jayaraman

For Respondent: Mr. Saroj Kumar, Advocate

…Commissioner of Income Tax [1997] reported in 89 Taxman.com 92 (SC) as also the principles laid down in the decision by the Hon’ble Jurisdictional High Court in the case of Commissioner of Income Tax vs. Chemicals and Plastics India Limited [2007] reported in 165 ITR 158 (Mad.), wherein it was held that, where the contribution was made by the assessee to the Chamber of Commerce whose activities are closely linked with the welfare of the corporate entities who are members therein and whose interests are taken care off by that Chamber, irrespective of whether the expenses incurred are compulsorily or otherwise, it…

DCIT Corporate Circle 2(1), Chennai vs. The India Cements Ltd., Chennai

In the result, the appeal of the Revenue in I

ITA 2415/CHNY/2019[2015-16]Status: DisposedITAT Chennai12 Dec 2019AY 2015-16

Bench: Shri George Mathan & Shri S. Jayaraman

For Respondent: Mr. Saroj Kumar, Advocate

…Commissioner of Income Tax [1997] reported in 89 Taxman.com 92 (SC) as also the principles laid down in the decision by the Hon’ble Jurisdictional High Court in the case of Commissioner of Income Tax vs. Chemicals and Plastics India Limited [2007] reported in 165 ITR 158 (Mad.), wherein it was held that, where the contribution was made by the assessee to the Chamber of Commerce whose activities are closely linked with the welfare of the corporate entities who are members therein and whose interests are taken care off by that Chamber, irrespective of whether the expenses incurred are compulsorily or otherwise, it…

DCIT Corporate Circle 2(1), Chennai vs. The India Cements Ltd., Chennai

In the result, the appeal of the Revenue in I

ITA 2414/CHNY/2019[2014-15]Status: DisposedITAT Chennai12 Dec 2019AY 2014-15

Bench: Shri George Mathan & Shri S. Jayaraman

For Respondent: Mr. Saroj Kumar, Advocate

…Commissioner of Income Tax [1997] reported in 89 Taxman.com 92 (SC) as also the principles laid down in the decision by the Hon’ble Jurisdictional High Court in the case of Commissioner of Income Tax vs. Chemicals and Plastics India Limited [2007] reported in 165 ITR 158 (Mad.), wherein it was held that, where the contribution was made by the assessee to the Chamber of Commerce whose activities are closely linked with the welfare of the corporate entities who are members therein and whose interests are taken care off by that Chamber, irrespective of whether the expenses incurred are compulsorily or otherwise, it…

DCIT Corporate Circle 2(1), Chennai vs. The India Cements Ltd., Chennai

In the result, the appeal of the Revenue in I

ITA 2413/CHNY/2019[2012-13]Status: DisposedITAT Chennai12 Dec 2019AY 2012-13

Bench: Shri George Mathan & Shri S. Jayaraman

For Respondent: Mr. Saroj Kumar, Advocate

…Commissioner of Income Tax [1997] reported in 89 Taxman.com 92 (SC) as also the principles laid down in the decision by the Hon’ble Jurisdictional High Court in the case of Commissioner of Income Tax vs. Chemicals and Plastics India Limited [2007] reported in 165 ITR 158 (Mad.), wherein it was held that, where the contribution was made by the assessee to the Chamber of Commerce whose activities are closely linked with the welfare of the corporate entities who are members therein and whose interests are taken care off by that Chamber, irrespective of whether the expenses incurred are compulsorily or otherwise, it…

DCIT Corporate Circle 2(1), Chennai vs. The India Cements Ltd., Chennai

In the result, the appeal of the Revenue in I

ITA 2412/CHNY/2019[2011-12]Status: DisposedITAT Chennai12 Dec 2019AY 2011-12

Bench: Shri George Mathan & Shri S. Jayaraman

For Respondent: Mr. Saroj Kumar, Advocate

…Commissioner of Income Tax [1997] reported in 89 Taxman.com 92 (SC) as also the principles laid down in the decision by the Hon’ble Jurisdictional High Court in the case of Commissioner of Income Tax vs. Chemicals and Plastics India Limited [2007] reported in 165 ITR 158 (Mad.), wherein it was held that, where the contribution was made by the assessee to the Chamber of Commerce whose activities are closely linked with the welfare of the corporate entities who are members therein and whose interests are taken care off by that Chamber, irrespective of whether the expenses incurred are compulsorily or otherwise, it…

M.S Vibhutigudda Mines Private Limited, Bellary vs. The Assistant Commissioner of Income Tax Circle-1, Bellary

In the result, the assessee’s appeal for Assessment Year 2012-13 is allowed

ITA 2843/BANG/2018[2012-13]Status: DisposedITAT Bangalore03 Jul 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2012-13 M/S. Vibhutigudda Mines Pvt. Ltd., Vs. The Assistant Commissioner No.60/356-A, “Modi Bhavan” Of Income Tax, Hospet Road, Allipur, Circle – 1, ‘Aaykar Bhavan’ Bellary – 583 105. Staff Road, Fort, Pan : Aaacv 5851 D Bellary – 583 103. Appellant Respondent Assessee By : Shri. B. S. Balachandran, Advocate Revenue By : Shri. A. Ramesh Kumar, Jcit Date Of Hearing : 07.05.2019 Date Of Pronouncement : 03.07.2019

For Appellant: Shri. B. S. Balachandran, AdvocateFor Respondent: Shri. A. Ramesh Kumar, JCIT
Section 143(1)Section 143(3)Section 14ASection 37(1)

…ions of section 37(1) of the Act. The same is, therefore, rejected." The assessee is now in appeal before us against the aforesaid 15. findings of the Id. CIT(A). The Id. AR on behalf of the assessee relied upon the decision in Chemicals & Plastics India Ltd. 292 ITR 115 (Mad): CIT Vs. Cooperative Sugars Ltd., 304 ITR 259(Kerala); ACIT Vs. Rajasthan Spinning and Weaving Mills Ltd.,274 ITR 463(Rajasthan) while contending that since activities of the FIMI are closely linked with the welfare of mining industry, the expenditure is admissible as revenue . Page 5 of 7 On the other hand, the Id. DR supported the finding…

Hero Motocorp Ltd., New Delhi vs. DCIT, Circle- 11(1), New Delhi

Appeal of the assessee is partly allowed for statistical purpose

ITA 1351/DEL/2018[2009-10]Status: DisposedITAT Delhi23 Apr 2019AY 2009-10

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

For Appellant: Amount of Proposed international
Section 115JSection 143(3)Section 144C

…ter, the contribution made by the assessee to the Panchayat for the up- gradation of the elementary school should be regarded as an allowable business expenditure under the provisions of s. 37(1).” (iv) In the case of CIT Vs. Chemicals and Plastics India Ltd. 292 ITR 115 (Mad.), the assessee claimed deduction in relation to contribution to Madras Chamber of Commerce, of which the assessee was a member, as business expenditure. It was contended that since the maintenance of the trade Chamber was for the furtherance of business interests of the constituents of the Chamber, the contribution made had to be treated as…

Hero Motocorp Ltd., New Delhi vs. Addl.CIT, Range-11, New Delhi

In the result ground No

ITA 6990/DEL/2017[2013-14]Status: DisposedITAT Delhi20 Jun 2018AY 2013-14

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

Section 143(3)Section 144C

…DELHI BENCH: ‘I-1’ NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 6990/DEL/2017 (A.Y 2013-14) Vs M/s Hero Moto Corp Ltd. DCIT 34, Basant Lok, Circle-11(1) Vasant Vihar C. R. Building New Delhi – 110 034. New Delhi. PAN : AAACH0812J (APPELLANT) (RESPONDENT) Appellant by Sh. Ajay Vohra, Senior Advocate and Sh. Gaurav Jain, Ms. Deepika Agarwal, Mr. Neeraj Kumar Jain, Advocates. Respondent by Sh. Sanjay. I. Bara, CIT-DR Date of Hearing 23.04.2018 Date of Pronouncement 20.06.2018 ORDER PER SUCHITRA KAMBLE, JM This appeal is against the assessment order u…

Hero Motocorp Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

ITA 1616/DEL/2017[2012-13]Status: DisposedITAT Delhi13 Jun 2018AY 2012-13

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

Section 143(3)Section 144CSection 92C

…1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘I-1’ NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A .No. 1616/DEL/2017 (A.Y 2012-13) Hero Moto Corp Ltd. Vs DCIT 34, Basant Lok, Circle-11(1) Vasant Vihar C. R. Building New Delhi New Delhi AAACH0812J (APPELLANT) (RESPONDENT) Appellant by Sh. Ajay Vohra, Sr. Ad, Sh. Gaurav Jain, Adv. Ms. Deepika Agarwal, Adv, Mr. Neeraj Kumar Jain, Adv Respondent by Sh. Sanjay. I. Bara, CIT DR Date of Hearing 19.04.2018 Date of Pronouncement 13.06.2018 ORDER PER SUCHITRA KAMBLE, JM This appeal is against the assess…

B.K. Khare & Company, Mumbai vs. Asst CIT 11(Hq), Mumbai

In the result, appeal of the assessee is allowed

ITA 4500/MUM/2014[2009-10]Status: DisposedITAT Mumbai24 Oct 2016AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.4500/Mum/2014 (निर्धारण वषा / Assessment Year :2009-2010) M/S. B.K. Khare & Vs. Acit (11) (2), Mumbai Company, 706-707, Sharda Chambers New Marine Lines, Mumbai – 400 0201 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaafb0265E (अऩीराथी /Appellant) (प्रत्मथी / Respondent) ..

Section 143(3)Section 37(1)Section 80

…usiness. The expenditure may not have been incurred under any legal obligation, but yet it is allowable as a business expenditure if it was incurred on grounds of commercial expediency. 9. The Madras High Court in the case of CHEMICALS AND PLASTICS INDIA LTD (292 ITR 115) upheld claim for deduction of an amount of Rs. 1.5 lakhs paid towards construction of a building of the Madras Chamber of Commerce of which the assessee was a member. The High Court held that the approach needs to be that of a practical and prudent businessman rather than from the Revenue's strict classification of a right. Relying on the decisi…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…of s. 37(1).‖ Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 419 of 484 (iv) In the case of CIT Vs. Chemicals and Plastics India Ltd. 292 ITR 115 (Mad.), the assessee claimed deduction in relation to contribution to Madras Chamber of Commerce, of which the assessee was a member, as business expenditure. It was contended that since the maintenance of the trade Chamber was for the furtherance of business interests of the constituents of the Chamber, the contribution made had to be treated as…

CIT v. Chemicals and Plastics India Ltd. (292 ITR 115) — Cited in 14 Judgments | BharatTax