CIT v. Dr. B. Venkata Rao

243 ITR 81Supreme Court of India2000#2927 most cited

What is CIT v. Dr. B. Venkata Rao authority for?

A building used as a nursing home qualifies as 'plant' under the Income-tax Act if it functions as a tool of the trade with which the business is carried on, as determined by the functional test.

40

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Dr. B. Venkata Rao · plant · nursing home · functional test · depreciation · Income Tax Act · business income · tool of trade

Issues it is cited on

Judgments citing CIT v. Dr. B. Venkata Rao

Mumbai International Airport Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 2(2)(1), Mumbai

The appeal of the assessee is allowed for statistical purposes, whereas the appeal of the Revenue is dismissed

ITA 6692/MUM/2025[2014-15]Status: DisposedITAT Mumbai09 Mar 2026AY 2014-15

Bench: Shri Saktijit Dey & Shri Makarand V Mahadeokara.Y:2014-15 Mumbai International Vs. Dcit, Circle – 2(2)(1) Airport Ltd., Aayakar Bhavan, Mk Road 1St Floor, Terminal-1B, New Marine Lines, Mumbai – Chhatrpati Shivaji 400020. International Airport, Santacruz (E), Mumbai – 400099. Pan/Gir No. Aaecm6285C (Applicant) (Respondent) A.Y:2014-15 Dcit, Circle – 2(2)(1) Vs. Mumbai International Aayakar Bhavan, Mk Road Airport Ltd., New Marine Lines, Mumbai – 1St Floor, Terminal-1B, 400020. Chhatrpati Shivaji International Airport, Santacruz (E), Mumbai – 400099. Pan/Gir No. Aaecm6285C (Applicant) (Respondent) Assessee By Shri Saurabha Soparkar Virtually Appeared Revenue By Shri Annavaram Kosuri, Sr. Ar Date Of Hearing 25.02.2026 Date Of Pronouncement 09.03.2026 आदेश / Order Per Makarand V Mahadeokar, Am: These Cross Appeals Are Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals) Under Section 250 Of The Mumbai International Airport Ltd., Mumbai Income-Tax Act, 1961 Dated 05.08.2025 In The Case Of The Assessee For Assessment Year 2014–15. The Assessment In The Present Case Was Originally Completed By The Assessing Officer Under Section 143(3) Of The Act Vide Order Dated 30.12.2017. Since The Issues Involved In The Appeals Of The Revenue As Well As The Assessee Arise Out Of The Same Appellate Order Of The Ld. Cit(A), These Appeals Were Heard Together & Are Being Disposed Of By Way Of This Common Order For The Sake Of Convenience & Brevity.

Section 143(3)Section 14ASection 250Section 28Section 32(1)(ii)Section 35D

…f the airport and are eligible to be treated as plant and machinery. The assessee also relied upon several judicial precedents including IRC v. Barclay, Curle & Co. Ltd. (76 ITR 62, HL), CIT v. Mazagaon Dock Ltd. (191 ITR 460, Bom), CIT v. Dr. B. Venkata Rao (243 ITR 81, SC) and CIT v. Karnataka Power Corporation (247 ITR 268, SC) to contend that structures which perform an operational function in the business activity and satisfy the functional test can be regarded as plant. The assessee further pointed out that the issue was also covered by the decision of the Co-ordinate Bench in its own case for earlier asses…

City & Industrial Development Corporation of Maharashtra Ltd., Mumbai vs. ITO, Ward-15(1)(3), Mumbai

In the result, the grounds raised by the assessee are allowed

ITA 795/MUM/2021[2016-17]Status: DisposedITAT Mumbai15 Nov 2021AY 2016-17

Bench: Shri Saktijit Dey () & Shri S. Rifaur Rahman () Assessment Year: 2016-17 City & Industrial Development Income Tax Officer, Ward-15(1)(3), Corporation Of Maharashtra Limited, Vs. Ground Floor, Aayakar Bhavan, “Nirmal” 2Nd Floor, Nariman Point, Maharshi Karve Road, Mumbai-400 021. Mumbai-400 020. Pan No. Aaccc 3303 K Appellant Respondent Assessee By : Mr. Madhur Aggarwal, Ar Revenue By : Ms. Shreekala Pardeshi, Dr Date Of Hearing : 18/08/2021 Date Of Pronouncement : 15/11/2021

For Appellant: Mr. Madhur Aggarwal, ARFor Respondent: Ms. Shreekala Pardeshi, DR
Section 10Section 143(3)Section 2(31)Section 263Section 4Section 5

…12.12.2018, then, suitable directions will be given in respect of these aspects also. 19. At last on page 11, the assessee has cited the judgements of Hon'ble Supreme Court of India in the case of Malabar Industrial Company Ltd. V/s Commissioner of Income Tax 243 ITR 81 and CIT vs Max India Ltd. 295 I'TR 282. The judgements of the Hon'ble Supreme Court are taken into consideration and with full respect to the judgements, it is submitted that in the case of the assessee only one view is possible and that is the acts of the assessee company are not the acts of the State and, therefore, the income of the assessee co…