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.

DCIT, Chennai vs. Dsm Soft Private Limited, Chennai

In the result, the appeal of the Revenue in ITA

ITA 2062/CHNY/2015[2009-10]Status: DisposedITAT Chennai28 Mar 2016AY 2009-10

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. A.B. Koli, IRS, JCITFor Respondent: Ms. Hemalatha, K. ACA
Section 10ASection 143(1)Section 143(3)Section 148

…the Act was allowed without setting off of loss of domestic ITA Nos.2059 & :- 16 -: 2062/Mds/2015 unit. The decision of the Tribunal was based on prevailing law and we know rely on the decision of Madras High Court in the case of CIT vs. Hi Tech Arai Ltd 321 ITR 477 where it was held ‘’that merely because a Co-ordinate Bench of the Tribunal had earlier taken a different view, the Tribunal need not blindly follow the earlier decision even if the earlier decision did not reflect the correct position of law’’. The claim of deduction u/s. 10A should be considered based on the amendment effective from 01.04.20…

DCIT, Chennai vs. Dsm Soft Private Limited, Chennai

In the result, the appeal of the Revenue in ITA

ITA 2059/CHNY/2015[2008-09]Status: DisposedITAT Chennai16 Mar 2015AY 2008-09

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. A.B. Koli, IRS, JCITFor Respondent: Ms. Hemalatha, K. ACA
Section 10ASection 143(1)Section 143(3)Section 148

…the Act was allowed without setting off of loss of domestic ITA Nos.2059 & :- 16 -: 2062/Mds/2015 unit. The decision of the Tribunal was based on prevailing law and we know rely on the decision of Madras High Court in the case of CIT vs. Hi Tech Arai Ltd 321 ITR 477 where it was held ‘’that merely because a Co-ordinate Bench of the Tribunal had earlier taken a different view, the Tribunal need not blindly follow the earlier decision even if the earlier decision did not reflect the correct position of law’’. The claim of deduction u/s. 10A should be considered based on the amendment effective from 01.04.20…