CIT v. Herdilla Chemicals Ltd.

216 ITR 742High Court1995#12448 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2018.

Judgments citing CIT v. Herdilla Chemicals Ltd.

DEPUTY COMMISSIONER OF INCOME-TAX vs. SERUM INSTITUTE OF INDIA LTD.,, PUNE

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

ITA 934/PUN/2016[2012-13]Status: DisposedITAT Pune12 Oct 2018AY 2012-13

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

For Appellant: Shri Rajshekhar S. AbhyankarFor Respondent: Shri Rajeev Kumar
Section 132Section 143(3)Section 14ASection 153ASection 35

…red special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. The Tribunal has also followed the decision of this Court in the case of CIT Vs. Herdilla Chemicals Ltd. reported in (1005) 216 ITR 742 (Bom.) in allowing the claim of the assessee. In our opinion, the finding recorded by the Tribunal that RCC foundation forms integral part of the windmill is a finding of fact and no question of law arises from the same. Hence the appeal is dismissed with no order as to costs. 14.5 Further, we find the Pune Bench of the Tribunal also decided si…

DEPUTY COMMISSIONER OF INCOME-TAX vs. SERUM INSTITUTE OF INDIA LTD.,, PUNE

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

ITA 607/PUN/2016[2011-12]Status: DisposedITAT Pune12 Oct 2018AY 2011-12

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

For Appellant: Shri Rajshekhar S. AbhyankarFor Respondent: Shri Rajeev Kumar
Section 132Section 143(3)Section 14ASection 153ASection 35

…red special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. The Tribunal has also followed the decision of this Court in the case of CIT Vs. Herdilla Chemicals Ltd. reported in (1005) 216 ITR 742 (Bom.) in allowing the claim of the assessee. In our opinion, the finding recorded by the Tribunal that RCC foundation forms integral part of the windmill is a finding of fact and no question of law arises from the same. Hence the appeal is dismissed with no order as to costs. 14.5 Further, we find the Pune Bench of the Tribunal also decided si…

SERUM INSTITUTE OF INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

ITA 550/PUN/2016[2012-13]Status: DisposedITAT Pune12 Oct 2018AY 2012-13

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

For Appellant: Shri Rajshekhar S. AbhyankarFor Respondent: Shri Rajeev Kumar
Section 132Section 143(3)Section 14ASection 153ASection 35

…red special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. The Tribunal has also followed the decision of this Court in the case of CIT Vs. Herdilla Chemicals Ltd. reported in (1005) 216 ITR 742 (Bom.) in allowing the claim of the assessee. In our opinion, the finding recorded by the Tribunal that RCC foundation forms integral part of the windmill is a finding of fact and no question of law arises from the same. Hence the appeal is dismissed with no order as to costs. 14.5 Further, we find the Pune Bench of the Tribunal also decided si…

SERUM INSTITUTE OF INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

ITA 549/PUN/2016[2011-12]Status: DisposedITAT Pune12 Oct 2018AY 2011-12

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

For Appellant: Shri Rajshekhar S. AbhyankarFor Respondent: Shri Rajeev Kumar
Section 132Section 143(3)Section 14ASection 153ASection 35

…red special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. The Tribunal has also followed the decision of this Court in the case of CIT Vs. Herdilla Chemicals Ltd. reported in (1005) 216 ITR 742 (Bom.) in allowing the claim of the assessee. In our opinion, the finding recorded by the Tribunal that RCC foundation forms integral part of the windmill is a finding of fact and no question of law arises from the same. Hence the appeal is dismissed with no order as to costs. 14.5 Further, we find the Pune Bench of the Tribunal also decided si…

ACIT, MADURAI vs. BHIMA JEWELLERY, MADURAI

In the result, the appeals of the Revenue stand dismissed

ITA 109/CHNY/2017[2011-12]Status: DisposedITAT Chennai31 May 2017AY 2011-12

Bench: Shri Abraham P. George & Shri G. Pavan Kumarआयकर अपील सं./I.T.A. No. 108/Mds/2017 "नधा"रण वष" /Assessment Year : 2011-2012

For Appellant: Mrs. Ilavarasi, Addl. CIT
Section 131(1)Section 32Section 32(1)

…plant. In our opinion, the expenses relating to the land and foundation specially incurred with a view to serve the technical requirements would also become a part of the plant in a case that of a wind mill Similarly, in the case of CIT v. Herdilia Chemicals (216 ITR 742), Hon'ble jurisdictional High Court held that huge land measuring 360 acres taken on lease for the purpose of ITA Nos. 108 & 109/Mds/2017 :- 9 -: erection of plant and machinery where the entire factory was to be constructed in this land and expenses incurred for the foundation meant for fixing the machinery and for the purpose of leveling the…

ACIT, MADURAI vs. BHIMA JEWELLERY, NAGERCOIL

In the result, the appeals of the Revenue stand dismissed

ITA 108/CHNY/2017[2011-12]Status: DisposedITAT Chennai31 May 2017AY 2011-12

Bench: Shri Abraham P. George & Shri G. Pavan Kumarआयकर अपील सं./I.T.A. No. 108/Mds/2017 "नधा"रण वष" /Assessment Year : 2011-2012

For Appellant: Mrs. Ilavarasi, Addl. CIT
Section 131(1)Section 32Section 32(1)

…plant. In our opinion, the expenses relating to the land and foundation specially incurred with a view to serve the technical requirements would also become a part of the plant in a case that of a wind mill Similarly, in the case of CIT v. Herdilia Chemicals (216 ITR 742), Hon'ble jurisdictional High Court held that huge land measuring 360 acres taken on lease for the purpose of ITA Nos. 108 & 109/Mds/2017 :- 9 -: erection of plant and machinery where the entire factory was to be constructed in this land and expenses incurred for the foundation meant for fixing the machinery and for the purpose of leveling the…

SICPA INDIA PRIVATE LIMITED (FORMERLY KNOWN AS SICPA INDIA LTD.),KOLKATA vs. DCIT, CIRCLE -8, KOLKATA, KOLKATA

In the result appeal by the Assessee is partly allowed for statistical purpose while appeal by the revenue is dismissed

ITA 885/KOL/2012[2007-08]Status: DisposedITAT Kolkata22 Mar 2017AY 2007-08

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 885/Kol/2012 Assessment Year : 2007-08 Sicpa India Private Limited -Vs.- D.C.I.T., Circle-8, (Formerly Known As Kolkata Sicpa India Ltd. ), Kolkata [Pan : Aadcs 6121 L] (Respondent) (Appellant) I.T.A No. 933/Kol/2012 Assessment Year : 2007-08 D.C.I.T., Circle-8, Sicpa India Private Limited Kolkata (Formerly Known As Sicpa India Ltd. ), Kolkata [Pan : Aadcs 6121 L] (Respondent) (Appellant) For The Assessee : Shri Prashant Jaiswal, Ar For The Department : Shri Rajat Kumar Kureel, Jcit.Sr.Dr Date Of Hearing : 07.03.2017. Date Of Pronouncement : 22.03.2017. Order Per N.V.Vasudevan, Jm

For Appellant: Shri Prashant Jaiswal, ARFor Respondent: Shri Rajat Kumar Kureel, JCIT.Sr.DR
Section 10(35)Section 14ASection 43B

…make it suitable of construction of factory. Expenditure incurred on land development is a separate thing as compared to the cost of the land. Reliance is placed in the decision of the Hon'ble High Court in the case of CIT -vs.- Herdilia Chemicals Ltd. (1995) 216 ITR 742 (Born) wherein the Hon'ble High Court held that expenditure 24 A.Yr.2007-08 incurred on levelling and development of land for erection of machinery and building formed part of cost of machinery and building and is therefore entitled for depreciation. 31. In view of the above we do not find any merit in ground no.3 raised by the revenue. Accordi…

SANJAY J AHUJA,MUMBAI vs. ITO 19(3)(4), MUMBAI

In the result, the appeal filed by the assessee is allowed

ITA 5731/MUM/2014[2010-11]Status: DisposedITAT Mumbai09 Dec 2016AY 2010-11

Bench: Shri B.R.Baskaran & Shri Ramlal Negishri Sanjay J. Ahuja, 202, Flat No.11, Shahnaj Building, New New India Bank, S.V.Road, Bandra (West), Mumbai 400 050 Pan:Adepa 2739H ...... Appellant Vs. The Income Tax Officer 19(3)(4), Piramal Chambers, Parel Mumbai 400 011 .... Respondent

For Appellant: Shri Haridas BhatFor Respondent: Shri A.K.Kardam
Section 50C

…the windmill while granting depreciation at 80% on the windmill. While upholding the view taken by the Tribunal, the Bombay High Court 12 noticed that the Tribunal has followed the decision rendered by it in the case of CIT Vs. Herdilla Chemicals Ltd (1995)(216 ITR 742), which was, in turn, rendered by following the decision rendered by Hon’ble Supreme Court in the case of Challapalli Sugars Ltd Vs. CIT (98 ITR 167), wherein it was held that the expenses relating to installation and even interest on borrowed capital for acquiring plant and machinery should be treated as part of cost of machinery. 18. In the in…

CIT v. Herdilla Chemicals Ltd. (216 ITR 742) — Cited in 8 Judgments | BharatTax