CIT v. Hi Tech Arai Ltd.

321 ITR 477High Court2010#1835 most cited

What is CIT v. Hi Tech Arai Ltd. authority for?

The court may allow additional depreciation under section 32(1)(iia) for new machinery if it is used in the business of any article or thing, even if not directly linked to increasing production capacity.

62

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2024.

Also referred to as

CIT v. Hi Tech Arai Ltd. · 321 ITR 477 · section 32(1)(iia) · additional depreciation · new machinery · article or thing · operational connectivity

Sections most often in play

Section 10BSection 144Section 145Section 147Section 80HHCSection 148Section 2(29BA)Section 10B(9A)

Issues it is cited on

section 2(29ba)section 153a(b)section 263(2)export oriented unitconvertible foreign exchangesection 142(2c)abatement of assessmentspeculation losssection 80jsection 114section 153a(1)(a)section 144ba

Judgments citing CIT v. Hi Tech Arai Ltd.

ACIT Cir 27(1), Navi Mumbai vs. Deepali Atul Ganatra, Mumbai

ITA 7251/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 Jul 2018AY 2011-12
For Appellant: Shri Aditya Ajgaonkar -ARFor Respondent: Shri Ram Tiwari-Sr.AR-CIT
Section 143(3)Section 32Section 32(1)(iia)Section 80H

…आयकर अपीलीय अिधकरण, मुंबई “डी” खंडपीठ म" Income-tax Appellate Tribunal -“D”Bench Mumbai सव"ी राजे"",लेखा सद"य एवं सी. एन. "साद, "याियक सद"य Before S/Sh.Rajendra,Accountant Member and C. N. Prasad,Judicial Member आयकर अपील आयकर अपील संसंसंसं./I.T.A./7251/Mum/2016,िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2011-12 आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" ACIT Circle-27(1) Smt. Deepali Atul Ganatra Room No.415, 4th Floor 104, Kaveri Neelkanth Valley Tower No.6, Vashi Station Complex, Vs. 7, Rajawadi Road, Ghatkopar (E) Mumbai 400 703. Mumbai 400 077. PAN : AAFPG 3094 F (अपीलाथ" /Appellant) (""यथ" / Respondent)…

DCIT, Chennai vs. Greatshine Holdings Private Limited, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 271/CHNY/2017[2012-13]Status: DisposedITAT Chennai26 Feb 2018AY 2012-13

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No. 271/Mds/2017 "नधा"रण वष"/Assessment Year:2012-13 The Deputy Commissioner Of M/S. Greatshine Holdings Private Limited, 6Th Floor, Samson Towers, Income Tax, Vs. Corporate Circle 2(1), 403L, Pantheon Road, Egmore, Chennai 600 034. Chennai 600 008. [Pan:Aadcg6913E] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri Mohd. Mustafa, Jcit ""यथ" क" ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई क" तार"ख/ Date Of Hearing : 01.02.2018 घोषणा क" तार"ख /Date Of Pronouncement : 26.02.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals) 6, Chennai Dated 28.11.2016 Relevant To The Assessment Year 2012-13. The Only Effective Ground Raised In The Appeal Of The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Penalty Levied Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short]. 2. Brief Facts Of The Case Are That The Assessee Is Engaged In Generator

For Appellant: Shri Mohd. Mustafa, JCITFor Respondent: Shri S. Sridhar, Advocate
Section 143(3)Section 271(1)(c)Section 32(1)(iia)

…No. 121 & 122 of 2015 M.P. No. 1 of 2015 in the case of CIT v. Atlas Export Enterprise, wherein, the Hon’ble High Court has followed its own Division Bench decisions in the case of CIT v. VTM Limited [2009] 319 ITR 336 (Ma) and CIT v. Hi Tech Arai Ltd. [2010] 321 ITR 477 (Mad). Further, the Special Leave Petition filed by the Department against the decision of the Hon’ble Madras High Court in the case of CIT v. VTM Ltd. was dismissed summarily by the Supreme Court at the admission stage without any discussion on the issue. More so, in the case of ACIT vs Ankit Metal & Power Ltd in ITA No. 517/Kol/2012 for assessm…

West Bengal State Electricity Distribution Co. Ltd., Kolkata vs. The DCIT, Cir-2, Kolkata

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 872/KOL/2015[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

…tricity Distribution Co. Ltd. of generation and distribution of power to avail the benefit of additional depreciation. 8. The learned counsel for the assessee has also relied on the decision of Hon’ble Madras High Court in the case of CIT vs Hi Tech Arai Ltd. 321 ITR 477 wherein the assessee company had set up two windmills in addition to already exceeding four windmills and thereby increased its generation activity by above 50%. The assessee company was engaged in the business by manufacture of oil-seeds, moulded rubber parts etc. and it was using wind energy for generating power for its captive consumption apar…

West Bengal State Electricity Distribution Co. Ltd., Kolkata vs. The DCIT, Cir-2, Kolkata

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 871/KOL/2015[2010-2011]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

…tricity Distribution Co. Ltd. of generation and distribution of power to avail the benefit of additional depreciation. 8. The learned counsel for the assessee has also relied on the decision of Hon’ble Madras High Court in the case of CIT vs Hi Tech Arai Ltd. 321 ITR 477 wherein the assessee company had set up two windmills in addition to already exceeding four windmills and thereby increased its generation activity by above 50%. The assessee company was engaged in the business by manufacture of oil-seeds, moulded rubber parts etc. and it was using wind energy for generating power for its captive consumption apar…

DCIT, Cir-2(2), Kolkata vs. M/S West Bengal State Electricity Distribution Co. Ltd., Kolkata

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 1002/KOL/2015[2011-2012]Status: DisposedITAT Kolkata31 Oct 2017AY 2011-2012

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

…tricity Distribution Co. Ltd. of generation and distribution of power to avail the benefit of additional depreciation. 8. The learned counsel for the assessee has also relied on the decision of Hon’ble Madras High Court in the case of CIT vs Hi Tech Arai Ltd. 321 ITR 477 wherein the assessee company had set up two windmills in addition to already exceeding four windmills and thereby increased its generation activity by above 50%. The assessee company was engaged in the business by manufacture of oil-seeds, moulded rubber parts etc. and it was using wind energy for generating power for its captive consumption apar…

DCIT, Cir-2(2), Kolkata vs. M/S West Bengal State Electricity Distribution Co. Ltd., Kolkata

In the result, both the appeals of the assessee are allowed while both the appeals of the revenue are dismissed

ITA 1001/KOL/2015[2010-2011]Status: DisposedITAT Kolkata31 Oct 2017AY 2010-2011

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm ] I.T.A. No. 871 & 872/Kol/2015 Assessment Year 2010-11 & 2011-12 West Bengal State Electricity Distribution Co. Ltd. ...........................Appellant Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Dcit, Circle 2(2) Kolkata,...................…………………………………………Respondent Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 I.T.A. No. 1001 & 1002/Kol/2015 Assessment Year 2010-11 & 2011-12 Dcit, Circle 2(2) Kolkata,...................…………………………………………Appellant Aayakar Bhawan, 7Th Floor, P-7, Chowringhee Square, Kolkata - 700069 West Bengal State Electricity Distribution Co. Ltd. ....................Respondent Bidyut Bhawan, Sector – Ii, Block Dj, Bidhan Nagar, Kolkata – 700 091 [Pan: Aaacw6953H] Appearances By: Shri Anand R. Baiwar, Cit Appearing On Behalf Of The Revenue. Shri N.K. Poddar, Sr. Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : September 12, 2017 Date Of Pronouncing The Order : October 31, 2017 Order Shri P.M. Jagtap, Am These Four Appeals, Two Filed By The Assessee Being Ita No. 871 & 872/Kol/2015 & Two Filed By The Revenue Being Ita No. 1001 & 1002/Kol/2015, Are Cross-Appeals Which Are Directed Against Two

Section 2Section 32(1)(iia)

…tricity Distribution Co. Ltd. of generation and distribution of power to avail the benefit of additional depreciation. 8. The learned counsel for the assessee has also relied on the decision of Hon’ble Madras High Court in the case of CIT vs Hi Tech Arai Ltd. 321 ITR 477 wherein the assessee company had set up two windmills in addition to already exceeding four windmills and thereby increased its generation activity by above 50%. The assessee company was engaged in the business by manufacture of oil-seeds, moulded rubber parts etc. and it was using wind energy for generating power for its captive consumption apar…

J.N Investment & Trading Co. P.Ltd, Mumbai vs. Pr CIT 2, Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 2373/MUM/2017[2011-12]Status: DisposedITAT Mumbai27 Sept 2017AY 2011-12

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No(S).2370/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2007-08) Wind World India Infrastructure Pvt. Ltd. Principal Cit(C)-2, बिधम/ A-9, Enercon Tower, Veera Desai Road, Veera Mumbai Vs. Industrial Estate, Andheri (W), Mumbai-400053 स्थामीरेखासं./ जीआइआयसं./ Pan/Gir No. Aabce5226C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

Section 143(3)Section 153ASection 263

…do with the generation of power for the purpose of considering additional depreciation. Further as rightly held by the Tribunal, the Revenue has not brought in any new or contra material to differ from the view of this Court in the decision reported in [2010] 321 ITR 477 (Mad) (COMMISSIONER OF INCOME-TAX v. HI TECH ARAI LTD.). In this regard it would be relevant and pertinent to point out that the Hon’ble High Court of Madras had earlier in the case of CIT Vs. VTM Ltd. (2009) 319 ITR 336 (Mad), had upheld the order of the Tribunal and therein concluded that as the business of generation of electricity by wind mil…

Wind World Wind Resources Development P. Ltd, Mumbai vs. Pr CIT -2, Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 2372/MUM/2017[2012-13]Status: DisposedITAT Mumbai27 Sept 2017AY 2012-13

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No(S).2370/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2007-08) Wind World India Infrastructure Pvt. Ltd. Principal Cit(C)-2, बिधम/ A-9, Enercon Tower, Veera Desai Road, Veera Mumbai Vs. Industrial Estate, Andheri (W), Mumbai-400053 स्थामीरेखासं./ जीआइआयसं./ Pan/Gir No. Aabce5226C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

Section 143(3)Section 153ASection 263

…do with the generation of power for the purpose of considering additional depreciation. Further as rightly held by the Tribunal, the Revenue has not brought in any new or contra material to differ from the view of this Court in the decision reported in [2010] 321 ITR 477 (Mad) (COMMISSIONER OF INCOME-TAX v. HI TECH ARAI LTD.). In this regard it would be relevant and pertinent to point out that the Hon’ble High Court of Madras had earlier in the case of CIT Vs. VTM Ltd. (2009) 319 ITR 336 (Mad), had upheld the order of the Tribunal and therein concluded that as the business of generation of electricity by wind mil…

Wind World Wind Resources Development P. Ltd, Mumbai vs. Pr CIT -2, Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 2371/MUM/2017[2011-12]Status: DisposedITAT Mumbai27 Sept 2017AY 2011-12

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No(S).2370/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2007-08) Wind World India Infrastructure Pvt. Ltd. Principal Cit(C)-2, बिधम/ A-9, Enercon Tower, Veera Desai Road, Veera Mumbai Vs. Industrial Estate, Andheri (W), Mumbai-400053 स्थामीरेखासं./ जीआइआयसं./ Pan/Gir No. Aabce5226C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

Section 143(3)Section 153ASection 263

…do with the generation of power for the purpose of considering additional depreciation. Further as rightly held by the Tribunal, the Revenue has not brought in any new or contra material to differ from the view of this Court in the decision reported in [2010] 321 ITR 477 (Mad) (COMMISSIONER OF INCOME-TAX v. HI TECH ARAI LTD.). In this regard it would be relevant and pertinent to point out that the Hon’ble High Court of Madras had earlier in the case of CIT Vs. VTM Ltd. (2009) 319 ITR 336 (Mad), had upheld the order of the Tribunal and therein concluded that as the business of generation of electricity by wind mil…

Wind World India Infrastructure P.Ltd, Mumbai vs. Pr CIT -2, Mumbai

The appeal of the assessee is partly allowed in terms of our aforesaid observations

ITA 2370/MUM/2017[2007-08]Status: DisposedITAT Mumbai27 Sept 2017AY 2007-08

Bench: Shri G.S. Pannu, Am & Shri Ravish Sood, Jm आयकर अपील सं./ I.T.A. No(S).2370/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2007-08) Wind World India Infrastructure Pvt. Ltd. Principal Cit(C)-2, बिधम/ A-9, Enercon Tower, Veera Desai Road, Veera Mumbai Vs. Industrial Estate, Andheri (W), Mumbai-400053 स्थामीरेखासं./ जीआइआयसं./ Pan/Gir No. Aabce5226C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

Section 143(3)Section 153ASection 263

…do with the generation of power for the purpose of considering additional depreciation. Further as rightly held by the Tribunal, the Revenue has not brought in any new or contra material to differ from the view of this Court in the decision reported in [2010] 321 ITR 477 (Mad) (COMMISSIONER OF INCOME-TAX v. HI TECH ARAI LTD.). In this regard it would be relevant and pertinent to point out that the Hon’ble High Court of Madras had earlier in the case of CIT Vs. VTM Ltd. (2009) 319 ITR 336 (Mad), had upheld the order of the Tribunal and therein concluded that as the business of generation of electricity by wind mil…

DCIT, Chennai vs. Emerald Resilient Tyre Manufactures Pvt Ltd., Chennai

In the result, the Revenue appeal is allowed

ITA 371/CHNY/2014[2008-2009]Status: DisposedITAT Chennai21 Jun 2017AY 2008-2009

Bench: Shri Chandra Poojari & Shri. G. Pavan Kumar

For Appellant: Shri. Supriyo Pal, JCITFor Respondent: Shri. Vikram
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 43(5)

…ed supra or decision of Co-ordinate Bench of Pune Tribunal in the case of Cooper Corporation cited supra. Further, it is to be noted that jurisdictional High Court in the case of Learned Commissioner of Income Tax Vs. M/s.Hi Tech Arai Ltd., reported in [2010] 321 ITR 477 (Mad) wherein held that:- “it cannot be held that simply because a co-ordinate Bench of the Tribunal had earlier taken a different view, the Tribunal on this occasion also ought to have followed the same. When we find that the Tribunal has applied the law correctly in the impugned order, there is no gainsaying that there was an earlier order by…

M/S. Sanwaria Agroils Limited, Bhopal vs. The ACIT 1(1), Bhopal

In the result, the appeal of the assessee is partly allowed

ITA 620/IND/2013[2007-08]Status: DisposedITAT Indore04 May 2017AY 2007-08

Bench: Shri Chandra Mohan Garg & Shri O.P.Meena

Section 143Section 147Section 148Section 234BSection 32

…goods is totally not germane to the specific provision contained in s.32(1)(iia) of the Act. Accordingly, additional depreciation on windmill as allowed by CIT(A)/ITAT was upheld. M/s. Sanwaria Agroil Ltd. / I.T.A. No. 620/Ind/2013 /A.Y.:07-08 Page 25 of 34 321 ITR 477 (Mad.)(HC) and CIT Vs. Texmo Precision Castings 321 ITR 481 (Mad.)(HC). 32. We find that the expression ‘article or thing’ used in section 32(1) (iia) is not defined in the IT Act, 1961. The Supreme Court in case of State of Andhra Pradesh vs. NTPC Ltd. 5 SSC 203 held that electricity is ‘goods’ and therefore production/generation of electricity…

Mc Nally Sayaji Engineering Limited, North 24 Parganas vs. D.C.I.T Cir - 1, Kolkata

In the result, the appeals of the assessee in ITA No

ITA 927/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Mar 2017AY 2009-10

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Smt. Shreya Loyalka, CAFor Respondent: Md. Ghayas Uddin, JCIT, Sr. DR
Section 143(3)Section 14A

…on windmill in the assessment. 12.1. The ld CIT(A) observed that the assessee placed reliance on the decision of the Hon’ble Madras High Court in the case of CIT vs Texmo Precision Castings reported in 321 ITR 481 (Mad) ; CIT vs Hi Tech Arai Ltd reported in 321 ITR 477 (Mad) wherein it was held that as far as application of section 32(1)(iia) of the act is concerned, what is required to be satisfied in order to claim the additional depreciation is that a new machinery or plant should have been acquired and installed after 31st March 2002 by an assessee, who was already engaged in the business of manufacture or…

DCIT, Circle - 1, Kolkata vs. M/S. Mcnally Sayaji Engineering Limited, Kolkata

In the result, the appeals of the assessee in ITA No

ITA 1575/KOL/2011[2008-09]Status: DisposedITAT Kolkata10 Mar 2017AY 2008-09

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Smt. Shreya Loyalka, CAFor Respondent: Md. Ghayas Uddin, JCIT, Sr. DR
Section 143(3)Section 14A

…on windmill in the assessment. 12.1. The ld CIT(A) observed that the assessee placed reliance on the decision of the Hon’ble Madras High Court in the case of CIT vs Texmo Precision Castings reported in 321 ITR 481 (Mad) ; CIT vs Hi Tech Arai Ltd reported in 321 ITR 477 (Mad) wherein it was held that as far as application of section 32(1)(iia) of the act is concerned, what is required to be satisfied in order to claim the additional depreciation is that a new machinery or plant should have been acquired and installed after 31st March 2002 by an assessee, who was already engaged in the business of manufacture or…

ACIT, Kota vs. Mangalam Cement Ltd., Kota

ITA 82/JPR/2014[2008-09]Status: DisposedITAT Jaipur30 Jan 2017AY 2008-09
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri H.V. Gurjar (CIT)
Section 143(3)Section 147Section 148Section 32(1)Section 32(1)(i)Section 32(1)(ii)Section 32(1)(iia)Section 43B

…re of textile goods is totally not germane to the specific provision contained in s. 32(1)(iia) of the Act. Accordingly, additional depreciation on windmill as allowed by CIT(A)/ITAT was upheld. This view was also followed in case of CIT Vs. Hi Tech Arai Ltd. 321 ITR 477 (Mad.)(HC) and CIT Vs. Texmo Precision Castings 321 ITR 481 (Mad.)(HC) ACIT, Circle-1, Kota vs. M/s Mangalam Cement Ltd. Kota 14.2 It was further submitted that the expression ‘article or thing’ used in section 32(1)(iia) is not defined in the IT Act, 1961. The Supreme Court in case of State of Andhra Pradesh vs. NTPC Ltd. 5 SSC 203 held that ele…

Abott India Ltd, Mumbai vs. Asst CIT Cir 2(1), Mumbai

In the result, assessee’s appeal in ITA No 3472/Mum/2013 and ITA No

ITA 832/MUM/2013[2008-09]Status: DisposedITAT Mumbai24 Aug 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ramit Kochar

For Respondent: Shri Morya Pratap
Section 143(3)Section 147Section 148Section 32Section 32(1)(iia)Section 80

…TR 471, 478 (SC). It was submitted that new plant or machinery acquired need not have operational connectivity to the article or thing that was manufactured and in support the assessee also relied on the decision in the case of CIT v. Hi tech Arai Ltd. (2010) 321 ITR 477 and CIT v. Texmo Precision Castings (2010) 321 ITR 481. The assessee submitted that the only requirement to be met under the provisions of the Act is that the plant and machinery should not be installed in the office premises or residential/guest ITA 3482/Mum/2013 & 7 ITA 832/Mum/2013 house accommodation which clearly indicates that it is not…

Abbott India Ltd, Mumbai vs. Asst CIT Cir 2(1), Mumbai

In the result, assessee’s appeal in ITA No 3472/Mum/2013 and ITA No

ITA 3472/MUM/2013[2006-07]Status: DisposedITAT Mumbai24 Aug 2016AY 2006-07

Bench: Shri Mahavir Singh & Shri Ramit Kochar

For Respondent: Shri Morya Pratap
Section 143(3)Section 147Section 148Section 32Section 32(1)(iia)Section 80

…TR 471, 478 (SC). It was submitted that new plant or machinery acquired need not have operational connectivity to the article or thing that was manufactured and in support the assessee also relied on the decision in the case of CIT v. Hi tech Arai Ltd. (2010) 321 ITR 477 and CIT v. Texmo Precision Castings (2010) 321 ITR 481. The assessee submitted that the only requirement to be met under the provisions of the Act is that the plant and machinery should not be installed in the office premises or residential/guest ITA 3482/Mum/2013 & 7 ITA 832/Mum/2013 house accommodation which clearly indicates that it is not…

M/S Parnika Commercial & Estates (P) Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal is allowed for statistical purposes

ITA 5724/DEL/2010[2007-08]Status: DisposedITAT Delhi22 Jul 2016AY 2007-08

Bench: : Shri C.M. Garg & Shri L.P. Sahu

For Appellant: Sh. Kapil Goel, AdvocateFor Respondent: Sh. Ashish Chandra Mohanty, Sr. DR
Section 250(6)Section 80Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH ‘F’ NEW DELHI BEFORE : SHRI C.M. GARG, JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA No. 5724/Del./2010 Asstt. Year : 2007-08 Parnika Commercial & Estates (P) Ltd., vs. Addl. C.I.T., Range-14, G-15, Preet Vihar, New Delhi. New Delhi. [PAN: AAACP0555C] (Appellant) (Respondent) Appellant by : Sh. Kapil Goel, Advocate Respondent by : Sh. Ashish Chandra Mohanty, Sr. DR Date of hearing : 01.07.2016 Date of pronouncement : 22.07.2016 ORDER Per L.P. Sahu, Accountant Member: This is an appeal filed by the assessee against the order of the CIT(A)- XVII, New D…

Damodar Valley Corporation, Kolkata vs. DCIT, Cir-9(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1458/KOL/2015[2011-2012]Status: DisposedITAT Kolkata15 Jul 2016AY 2011-2012

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri D. S. Damle, FCAFor Respondent: Shri Niraj Kumar, CIT, DR
Section 143(3)Section 14ASection 263Section 32(1)(ii)Section 32(1)(iia)

…condition of production of any article or thing as contemplated in section 32(1)(iia) of the Act and accordingly eligible for additional depreciation. Similar views were also expressed in the following decisions :- CIT vs Hi Tech Arai Ltd reported in (2010) 321 ITR 477 (Mad) CIT vs Texmo Precision Castings reported in (2010) 321 ITR 481 (Mad) CIT vs Atlas Export Enterprises reported in (2015) 57 taxmann.com 285 (Mad) ACIT vs M Satishkumar in ITA No. 718/Mds/2012 dated 28.9.2012 (Chennai Tribunal) DCIT vs Hutti Gold Mines Co. Ltd in ITA No. 832/Bang/2012 dated 2.8.2013 (Bangalore Tribunal) It was contended that…

Vinodkumar S Jain, Mumbai vs. Asst CIT CIT 16(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 916/MUM/2015[2011-12]Status: DisposedITAT Mumbai29 Jun 2016AY 2011-12

Bench: Shri G.S. Pannu: (A.Y : 2011-12) Vinodkumar S. Jain Vs. Acit, Circle-16(1), C/O. Karnavat & Co., Mumbai (Respondent) 2A Kitab Mahal, 1St Floor, 192, Dr. D.N. Road, Mumbai 400 001. Pan : Abrpj3452H (Appellant)

For Appellant: Shri Sunil HirawatFor Respondent: Shri Santosh Mankoskar
Section 143(3)Section 32(1)(iia)

…icals Ltd. (supra), production of electricity through wind mill qualifies for the claim of additional depreciation in terms of Sec. 32(1)(iia) of the Act. The Hon'ble Madras High Court referred to its earlier decision in the case of CIT vs. Hi Tech Arai Ltd., 321 ITR 477 which had approved that setting-up of a wind mill would fall within the expression setting up of a “new machinery or plant” for the purposes of Sec. 32(1)(iia) of the Act. The aforesaid decision of the Hon'ble Madras High Court pertains to Assessment Years 2005-06 and 2006-07 whereas the judgment of the Hon'ble Gujarat High Court pertains to Asse…