CIT v. Hindustan Petroleum Corporation Ltd.

187 ITR 1High Court1991#15161 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 143(3)Section 144B Section 144C(3)Section 263 Section 32 Section 143(2)Section 43(6)Section 43(6) Explanation 2

Issues it is cited on

unabsorbed depreciation written down value amalgamation section 10a section 10 previous year transfer section 143(2)company section 143(3)india total income

Judgments citing CIT v. Hindustan Petroleum Corporation Ltd.

Vitp Private Limited, Hyderabad vs. DCIT., Circle8(1), Hyderabad

In the result, the appeal of the assessee in ITA

ITA 574/HYD/2024[AY 2017-18]Status: DisposedITAT Hyderabad08 Oct 2025

Bench: Shri Ravish Sood (Judicial Member), Shri Madhusudan Sawdia (Accountant Member)

For Appellant: Advocates Percy Perdiwala and Mahima GoudFor Respondent: : Shri Shahnawaz-ul-Rahman

Section 115JSection 143(3)Section 263Section 43(6)Section 80I

…by dismissal of Revenue’s SLP on 28.07.2008, wherein the Hon’ble Court has decided the identical issue in favour of the assessee. The assessee also relied on the decision of Hon’ble Bombay High Court in the case of CIT v. Hindustan Petroleum Corporation Ltd. (187 ITR 1). The Ld. AR also invited our attention to the submissions made by the assessee before the Ld. PCIT, placed at page nos. 332 and 333 of the paper book, where all details and reliance on case law were explained by the assessee. Despite this, the Ld. PCIT did not examine the merits of the issue and simply remanded the issue to the Ld. AO. The Ld. PCI…

Vitp Private Limited, Hyderabad vs. DCIT., Circle8(1), Hyderabad

ITA 573/HYD/2024[AY 2017-18]Status: DisposedITAT Hyderabad08 Oct 2025

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं / Ita Nos.573 & 574/Hyd/2024 (निर्धारण वर्ष/Assessment Year: 2017-18) Vitp Private Limited Vs. Dy. Cit Hyderabad Circle 8 (1) Pan:Aaccv2672G Hyderabad (Appellant) (Respondent) निर्धारिती द्वारा / Assessee By: Advocates Percy Perdiwala & Mahima Goud राजस्व द्वारा / Revenue By:: Shri Shahnawaz-Ul-Rahman, Cit(Dr) सुनवाई की तारीख / Date Of Hearing: 23/09/2025 घोषणा की तारीख / Pronouncement: 08/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: These Two Appeals Are Filed By Vitp Private Limited (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Principal Commissioner Of Income Tax-2, Hyderabad, (“Ld.Pcit”), Dated 30/03/2024 For The A.Y.2017-18. As Both The Appeals Are Interrelated & Belongs To The Same, Both Are Heard Together & One Consolidated Order Is Being Passed For The Sake Of Brevity.

For Appellant: Advocates Percy Perdiwala andFor Respondent: : Shri Shahnawaz-ul-Rahman

Section 143(3)Section 144BSection 144C(3)Section 263Section 80Section 801A

…by dismissal of Revenue's SLP on 28.07.2008, wherein the Hon'ble Court has decided the identical issue in favour of the assessee. The assessee also relied on the decision of Hon'ble Bombay High Court in the case of CIT v. Hindustan Petroleum Corporation Ltd. (187 ITR 1). The Ld. AR also invited our attention to the submissions made by the assessee before the Ld. PCIT, placed at page nos. 332 and 333 of the paper book, where all details and reliance on case law were explained by the assessee. Despite this, the Ld. PCIT did not examine the merits of the issue and simply remanded the issue to the Ld. AO. The Ld. PCI…

Tech Mahindra Limited (Earlier Known As Mahindra Engineering Services Ltd, Mumbai vs. Dy Commissioner of Income Tax Range 1(3), Mumbai

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

ITA 2463/MUM/2013[2009-10]Status: DisposedITAT Mumbai01 Dec 2023AY 2009-10

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Tech Mahindra Limited Dy. Cit, Range 2(2) (Earlier Known As Mahindra Mumbai Engineering Services Limited) Vs. Gateway Building, Apollo Bunder, Mumbai-400 001 Pan/Gir No. Aaacm 3484 F (Assessee) (Revenue) : & Asst. Cit-2(3)(1) Tech Mahindra Ltd. Mumbai (Earlier Known As Mahindra Engineering Services Ltd.) Vs. Mahindra Tower, 1St Floor, B Wing, Dr. G M Bhosale Marg, P K Kurne Chowk, Worli, Mumbai-400 018 Pan/Gir No. Aaacm 3484 F (Revenue) : (Assessee)

For Appellant: Shri Viral ShahFor Respondent: Shri Ashok Kumar Ambastha

Section 10(35)Section 143(1)Section 143(2)Section 143(3)Section 14ASection 250

…ot allowed in the hands of the amalgamating company then the same should be allowed in the amalgamated company. The ld. AR had relied on the decision of the Hon'ble Jurisdictional High Court in the case of CIT vs. Hindustan Petroleum Corporation Ltd. [1991] 187 ITR 1 (Bom), CIT vs. Silical Metallurgical Ltd. [2010] 324 ITR 29 (Mad) and EID Parry Ltd. vs. DCIT [2012] 23 taxmann.com 348 (Madras). (Earlier known as Mahindra Engineering Services Limited) 23. We have heard the rival submissions and perused the materials available on record. It is observed that the amalgamating company had unabsorbed depreciation w…

DCIT 2(2), Mumbai vs. Mahindra Engineering Services Ltd, Mumbai

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

ITA 2282/MUM/2013[2009-10]Status: DisposedITAT Mumbai01 Dec 2023AY 2009-10

For Appellant: Shri Viral ShahFor Respondent: Shri Ashok Kumar Ambastha

Section 10(35)Section 143(1)Section 143(2)Section 143(3)Section 14ASection 250

Mr.Hemanth Kumar Bothra, Bangalore vs. The Assistant Commissioner of Income Tax Central Circle-1(2), Bangalore

In the result, the assessee’s appeal is dismissed

ITA 396/BANG/2017[2013-14]Status: DisposedITAT Bangalore03 Nov 2017AY 2013-14

Bench: Shri George George K, Jm & Shri Jason P.Boaz, Am

For Appellant: Shri Lakshmy Karthik, CAFor Respondent: Shri Padmameenakshi, JCIT

Section 2Section 2(22)(e)

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “B”, BANGALORE Before Shri George George K, JM & Shri Jason P.Boaz, AM ITA No.396/Bang/2017 : Asst.Year 2013-2014 Shri Hemanth Kumar Bothra The Asst.Commissioner of No.14, 7th Cross, Jal Bharat Vs. Income-tax, Nagar, Banaswadi Road, Central Circle 1(2) Bengaluru – 560 033. Bengaluru. PAN : AAAPH9863N. (Appellant) (Respondent) Appellant by : Shri Lakshmy Karthik, CA Respondent by : Shri Padmameenakshi, JCIT Date of Pronouncement : 03.11.2017 Date of Hearing : 23.10.2017 O R D E R Per George George K, JM This appeal, at the instance of the assessee, is d…

Shri Anuj Gupta, Noida vs. ITO, New Delhi

In the result, the appeals filed by the respective assessee are partly allowed

ITA 698/DEL/2015[2006-07]Status: DisposedITAT Delhi26 Jul 2016AY 2006-07

Bench: Shri R.K. Pandaassessment Year: 2006-07 Anuj Gupta, Vs. Ito, B-106, Sector-2, Ward-19(3), Noida. New Delhi. Pan: Aajpg2385D Assessment Year: 2006-07 Pankaj Gupta, Vs. Ito, B-106, Sector-2, Ward-19(3), Noida. New Delhi. Pan: Aadpg5224D (Appellant) (Respondent) Assessee By : Shri Sudhir Dash, Ca Revenue By : Shri R.K. Gupta, Sr. Dr Date Of Hearing : 16.06.2021 Date Of Pronouncement : 07.07.2021 Order The Above Two Appeals Filed By The Respective Assessees Are Directed Against The Separate Orders Dated 23.12.2014 Of The Cit(A)-7, New Delhi Relating To Assessment Year 2006-07. Since Identical Grounds Have Been Taken By Both The Assessees, Therefore, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri Sudhir Dash, CAFor Respondent: Shri R.K. Gupta, Sr. DR

Section 143Section 143(1)Section 143(3)Section 147Section 148Section 2Section 2(22)(e)Section 234B

…staining the addition made by the AO u/s 2(22)(e) of the Act:- i) CIT vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476 (Del); ii) Pradip Kumar Malhotra vs. CIT, ITA No.219 of 2003 (Kolkata High Court); iii) CIT vs. Hindustan Petroleum Corporation Ltd., 187 ITR 1 (Bom) and iv) CIT vs. C.P. Sarathy Mudaliar, 83 ITR 170 (SC) 10. The ld. DR, on the other hand, heavily relied on the order of the CIT(A). 11. I have considered the rival arguments made by both the sides, perused the orders of the Assessing Officer and CIT(A) and the paper book filed on behalf of the assessee. I have also considered the various d…