CIT v. Hindustan Antibiotics Ltd.

93 ITR 548High Court1974#9391 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2022.

Issues it is cited on

initial assessment yearsection 80ibsection 80isection 80prescribedcompanysection 143(3)business

Judgments citing CIT v. Hindustan Antibiotics Ltd.

SAVITA OIL TECHNOLOGIES LTD,MUMBAI vs. DCIT CEN CIR 47, MUMBAI

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

ITA 867/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Jun 2022AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.867/Mum/2014 (निर्धारण वर्ा / Assessment Years: 2008-09) M/S. Savita Oil बिधम/ Dcit, Central Circle-47 Technologies Ltd. Aayakar Bhavan, M. K. Vs. 66/67, Nariman Bhavan, Road, Mumbai-400020. Nariman Point, Mumbai- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacs7934A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hiro Rai Revenue By: Shri Sanjeev Kashyap सुनवाई की तारीख / Date Of Hearing: 26/05/2022 घोषणा की तारीख /Date Of Pronouncement: 24/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax(A)-38, Mumbai Dated 21.11.2013 For The Assessment Year 2008-09. At The Outset, The Ld. Ar Of The Assessee Brought To Our Notice 2. That The Following Grounds Raised By The Assessee Is Neither Being Pressed Nor Does They Survive For The Reasons Given Therein As Under: - “(I) Ground.4- Disallowance U/S 14A In View Of Order Giving Effect To Cit(A) Order & Order U/S 154, Not Pressed Qua Balance Disallowance Of Rs.7,74,722/- (Ii) Ground No. 5 Disallowance As Capital Expenditure Since Depreciation (Ground No.6) Allowed, Not Pressed. (Iii) Ground No. 6 – Allowance Of Depreciation In Order U/S 154, Ao Has Allowed Depreciation. Hence, Does Not Survive.

For Appellant: Shri Hiro RaiFor Respondent: Shri Sanjeev Kashyap
Section 143(3)Section 14ASection 154Section 158BSection 80Section 801ASection 80I

…tions, it is the commercial production and not trial-run/production which will determine the first year of the allowance of the claim. In this regard, he drew our attention to the decision of the Hon’ble Bombay High Court in, CIT v Hindustan Antibiotics Ltd., 93 ITR 548. Therefore, it was submitted by the Ld. Counsel that the present AO and learned CIT(Appeals) were unjustified in taking the view that the AY 2008-09 was the 11th year and accordingly, the claim for deduction u/s 80IA was not available. Therefore, according to Ld. Counsel, from the aforesaid facts discussed, this (AY. 2008-09) is the 10th year of c…

THE ACIT, CIRCLE, RATLAM vs. M/S. MAHALAXMI INVESTMENT AND TRADING PVT. LTD., RATLAM

ITA 956/IND/2016[2011-12]Status: DisposedITAT Indore25 May 2021AY 2011-12

Bench: Shri Manish Borad & Miss Madhumita Roy

Section 143(3)Section 148Section 80I

…u/s 80IB of the Act on the plea of the assessee that plant & machinery was ready to Mahalaxmi Investment and Trading Pvt. Ltd. put to use prior to 31.03.2002, as such ignoring the decisions of Commissioner of Income Tax, Poona vs. Hindustan Antibiotics Ltd., 93 ITR 548(Bom), Commissioner of Income Tax vs. Food Specialities Ltd., 156 ITR 790 (Del) and Commissioner Of Income Tax ... vs Nestor Pharmaceuticals Limited (2010) 322 ITR 631 (Delhi), 4.On the facts and in the circumstances of the case the Id. CIT is erred in holding "that plant & machinery was ready to put to use prior to 31.03.2002, while the assessee h…

THE ACIT CIRCLE,RATLAM vs. M/S. MAHALAXMI INVESTMENT AND TRADING PVT. LTD., RATLAM

ITA 955/IND/2016[2010-11]Status: DisposedITAT Indore25 May 2021AY 2010-11

Bench: Shri Manish Borad & Miss Madhumita Roy

Section 143(3)Section 148Section 80I

…u/s 80IB of the Act on the plea of the assessee that plant & machinery was ready to Mahalaxmi Investment and Trading Pvt. Ltd. put to use prior to 31.03.2002, as such ignoring the decisions of Commissioner of Income Tax, Poona vs. Hindustan Antibiotics Ltd., 93 ITR 548(Bom), Commissioner of Income Tax vs. Food Specialities Ltd., 156 ITR 790 (Del) and Commissioner Of Income Tax ... vs Nestor Pharmaceuticals Limited (2010) 322 ITR 631 (Delhi), 4.On the facts and in the circumstances of the case the Id. CIT is erred in holding "that plant & machinery was ready to put to use prior to 31.03.2002, while the assessee h…

SOLARFIELD ENERGY PVT. LTD.,MUMBAI vs. ITO WARD 2(3)(3), MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 5189/MUM/2016[2012-13]Status: DisposedITAT Mumbai16 Jul 2019AY 2012-13

Bench: Shri Pawan Singh & Shri M Balaganesh

Section 143(3)Section 154

…ITA 5189/Mum/2016 Whether the purpose of that sale was to obtain registration of excise or sales tax would be immaterial." The Bombay High Court has also decided the similar issue in favour of assessee in the case of CIT Vs. Hindustan Antibiotics Ltd.(1974) 93 ITR 548 (Bom) and relevant extract of the order is reproduced below : "The word "articles" used in the expression "has begun or begins to manufacture or produce articles "in section 15C(2)(ii) must be interpreted regard being had to the object for which the section was enacted. The provision was enacted with a view to encouraging the establishment of new…

ECO AXIS SYSTEMS P.LTD,MUMBAI vs. DCIT RG 2(1), MUMBAI

In the result, the appeal is partly allowed

ITA 730/MUM/2013[2008-09]Status: DisposedITAT Mumbai10 Aug 2018AY 2008-09

Bench: Shri C N Prasad & Shri Rajesh Kumarassessment Year : 2008 - 09 M/S. Eco Axis Systems Private Dy Cit Range 2(1), Limited, Mumbai Vs. 43, Dr. V B Gandhi Marg, Fort, Mumbai 400 023. Pan Aaacf8154H (Appellant) (Respondent)

For Appellant: Shri Nitesh Joshi & Shri Mihir ShahFor Respondent: Shri V Justin
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “E”, MUMBAI Before Shri C N Prasad, Judicial Member & Shri Rajesh Kumar, Accountant Member Assessment Year : 2008 - 09 M/s. Eco Axis Systems Private Dy CIT Range 2(1), Limited, Mumbai Vs. 43, Dr. V B Gandhi Marg, Fort, Mumbai 400 023. PAN AAACF8154H (Appellant) (Respondent) Appellant By : Shri Nitesh Joshi & Shri Mihir Shah Respondent By : Shri V Justin Date of Hearing :20.06.2018 Date of Pronouncement : 10.08.2018 O R D E R Per Rajesh Kumar, Accountant Member This appeal by assessee arises out of the order of the CIT(A) – 4 , Mumbai, dated 08.11.2011, w…

DCIT, NEW DELHI vs. M/S. SOLARIS CHEMTECH INDUSTRIES LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 2285/DEL/2014[2008-09]Status: DisposedITAT Delhi11 Jun 2018AY 2008-09

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Kaushlendra Tiwari, Sr.D.RFor Respondent: Ms. Reena Lamba, C.A. & Shri Mohit
Section 143(3)Section 147Section 14ASection 40

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. No.2285/DEL/2014 Assessment Year: 2008-09 DCIT, Circle-9(1), v. M/s. Solaris Chemtech New Delhi. Industries Ltd., Thapar House, 124, Janpath, New Delhi. TAN/PAN: AABCB 7121R (Appellant) (Respondent) Appellant by: Shri Kaushlendra Tiwari, Sr.D.R. Respondent by: Ms. Reena Lamba, C.A. & Shri Mohit Bansal, C.A. Date of hearing: 15 03 2018 Date of pronouncement: 11 06 2018 O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeal has been filed by the Revenue ag…

DCIT, NEW DELHI vs. M/S. AUTO IGNITION LTD., NEW DELHI

In the result appeal filed by the revenue stands dismissed

ITA 6646/DEL/2015[2012-13]Status: DisposedITAT Delhi04 Dec 2017AY 2012-13

Bench: Shri R.S. Syal & Smt. Beena A Pillaia.Y. 2012-13

Section 143Section 80

…r stage to verify' whether it can be used ultimately in the manufacture of the final article, the commencement of operation for the manufacture of the trial product would not constitute commencement of manufacture of articles for the purposes of section 15C. [93 ITR 548] 19. The Id CIT(A) has observed that in the instant case various parts are assembled by the assessee using its machinery results in achieving of a final product. The parts or components utilized by the assessee in its assembling process undergo a transformation and result into a product namely motorcycle wheel, which is distinct and separate commo…

DCIT, NEW DELHI vs. M/S. AUTO IGNITION LTD., NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 4488/DEL/2014[2010-11]Status: DisposedITAT Delhi14 Aug 2017AY 2010-11

Bench: Shri Amit Shukla & Shri L.P. Sahuin Ita No. 4488/Del/2014 Assessment Year: 2010-11 Dcit Vs. Auto Ignition Ltd. Circle-2(1), New Delhi The Bahar, 37, Dera Mandi Road, New Delhi (Applicant) (Respondent) (Pan: Aaaca5390E)

For Appellant: Shri Anil Kumar Melhotra, CAFor Respondent: Shri Arun Kumar Yadav, Sr. DR
Section 133ASection 143(3)Section 147Section 260ASection 80I

…r stage to verify' whether it can be used ultimately in the manufacture of the final article, the commencement of operation for the manufacture of the trial product would not constitute commencement of manufacture of articles for the purposes of section 15C. [93 ITR 548] 19. The Id CIT(A) has observed that in the instant case various parts are assembled by the assessee using its machinery results in achieving of a final product. The parts or components utilized by the assessee in its assembling process undergo a transformation and result into a product namely motorcycle wheel, which is distinct and separate commo…

INCOME TAX OFFICER-WARD-4(2), KOLKATA, KOLKATA vs. M/S HANUMAN TEXNIT INDUSTRIES LTD., KOLKATA

In the result, appeal of revenue stands dismissed

ITA 2760/KOL/2013[2009-2010]Status: DisposedITAT Kolkata13 Jan 2017AY 2009-2010

Bench: Shri Waseem Ahmed, Am & Shri S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2760/Kol/2013 ("नधा"रण वष" / Assessment Year: 2009-10) Ito, Ward-4(2), Vs. M/S Hanuman Texnit P-7, Chowringhee Square, Industries Ltd., Aayakar Bhavan, 8Th Floor, Nicco House, 2, Hare Kolkata-700001 Street, Kolkata-1 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaach 6426 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri A. Sallong Yaden, Adl.Cit "नधा"रती क" ओर से /Assessee By : Shri S.K.Dangi, Fca सुनवाई क" तार"ख / Date Of Hearing : 19/12/2016 घोषणा क" तार"ख/Date Of Pronouncement 13/01/2017 आदेश / O R D E R Per Shri Waseem Ahmed, Am: This Appeal By The Revenue Is Directed Against The Order Dated 23.08.2013, Passed By The Ld. Commissioner Of Income Tax (Appeals)-Iv, Kolkata In Appeal No.231/Cit(A)-Iv/1112, Pertaining To Assessment Year 2009-10. The Assessment Was Framed By Jcit (Osd), Circle-4, Kolkata U/S.143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’.

For Appellant: Shri S.K.Dangi, FCAFor Respondent: Shri A. Sallong Yaden, Adl.CIT
Section 139(1)Section 139(5)Section 143(3)Section 80I

…the AO has not brought any defect in the audit report filed by the assessee in Form No.10CCB of the Act. In this connection, we also rely upon the decision of Hyderabad Bench of the Tribunal in the case of Sri S.Venkataiah, ITA No.984/Hyd/2011, 104 CTR 216 (93 ITR 548). The relevant extract of the order is reproduced below : “13. We have heard both the parties and perused the material on record. In this case admittedly, the assessee filed the return of income on 23.12.2008. The due date for filing the return of income u/s. 139(1) of the Act for the assessment year under consideration in the case of the assessee…

INTERNATIONAL SEAPORTS (HALDIA) PVT. LTD.,HOOGHLY vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, assessee appeal is partly allowed for statistical purposes

ITA 1194/KOL/2010[2004-05]Status: DisposedITAT Kolkata20 Jan 2016AY 2004-05

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2004-05

Section 143(3)

…d. v. ITO Wd-12(3) Kol. Page 9 purpose of that sale was to obtain registration of excise or sales tax would be immaterial.” The Bombay High Court has also decided the similar issue in favour of assessee in the case of CIT Vs. Hindustan Antibiotics Ltd.(1974) 93 ITR 548 (Bom) and relevant extract of the order is reproduced below : “The word “articles” used in the expression “has begun or begins to manufacture or produce articles “in section 15C(2)(ii) must be interpreted regard being had to the object for which the section was enacted. The provision was enacted with a view to encouraging the establishment of new…

ACE MANUFACTURING SYSTEMS LIMITED vs. THE ADDL. COMMISSIONER OF INCOME-TAX

Appeal stands dismissed

ITA/793/2009HC Karnataka02 Jun 2015

Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR

Section 143(2)Section 143(3)Section 260Section 80I

…elied upon by the assessee, 18 there was a sale of the finished product for consideration as is obtained in the facts on hand. 16. In the case of COMMISSIONER OF INCOME-TAX, POONA V. HINDUSTAN ANTIBIOTICS LTD. reported in (1974) 93 ITR 548, there was a requirement in law that a “crude penicillin” produced by the assessee was to be tested either in USA or UK for obtaining certificates as to their qualities. After obtaining such certificates as to their qualities, the assessee was permitted to produce the final product i.e., “sterile penicillin”. In that regard the Bombay Hi…

SIDWAL REFRIGERATION IND. LTD. vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8(1)

ITA/1154/2009HC Delhi23 Dec 2009
Section 80I

…ed the ratio of Hindustan Antibiotics Ltd.(Supra) as is clear from the following: “As regards the year of manufacture, on the question whether there can be an experimental period, a reference was made to the case of CIT v. Hindustan Antibiotics Limited, 93 ITR 548 and Madras Machine Tools Manufacturers Ltd. v. CIT, 98 ITR 119 in both of which it was held that manufacturing for the purpose of section 15C of the 1922 Act and section 84 of the 1961 Act was the date of "commercial" manufacture and the period during which experimental work, particularly manufacture, was effected had to be disregarded. It…