CIT v. Laxmi Cement Distributors (P) Ltd.

104 ITR 711High Court1976#7196 most cited
15

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Judgments citing CIT v. Laxmi Cement Distributors (P) Ltd.

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

ITA 1639/KOL/2019[2013-14]Status: DisposedITAT Kolkata27 Apr 2023AY 2013-14

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

For Appellant: Ms. Vandana Bhandari, FCA and Shri SaibalFor Respondent: Shri G. Hukuga Sema, CIT, D/R
Section 143(3)Section 14A

…arm's length rate of royalty in the subsequent years. Reliance was placed in this regard on the decision of the judgment of Hon'ble Supreme Court in the case of Shahzada Nand & Sons v. CIT[1977] 108 ITR 358 and CIT v. Laxmi Cement Distributors (P.) Ltd.[1976] 104 ITR 711 (Guj.), wherein it has been held that remuneration paid for services rendered could not be disallowed merely because no remuneration for such services was paid in the past. Similarly, in the case of Addl CIT v. Nestle India Ltd.[2005] 147 Taxman 20 (Mag.) (Delhi) the Hon'ble Tribunal held that it is not relevant that no AY 2012-13 AY 2013-14 Apol…

D.C.I.T,CIRCLE-9(1), KOLKATA vs. M/S APOLLO GLENEAGLES HOSPITAL, KOLKATA

In the result, appeal of the Revenue for AY 2012-13 is dismissed

ITA 1501/KOL/2019[2012-13]Status: DisposedITAT Kolkata27 Apr 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Shri Girish Agrawal, Hon’Ble

For Appellant: Ms. Vandana Bhandari, FCA and Shri SaibalFor Respondent: Shri G. Hukuga Sema, CIT, D/R
Section 143(3)Section 14A

…arm's length rate of royalty in the subsequent years. Reliance was placed in this regard on the decision of the judgment of Hon'ble Supreme Court in the case of Shahzada Nand & Sons v. CIT[1977] 108 ITR 358 and CIT v. Laxmi Cement Distributors (P.) Ltd.[1976] 104 ITR 711 (Guj.), wherein it has been held that remuneration paid for services rendered could not be disallowed merely because no remuneration for such services was paid in the past. Similarly, in the case of Addl CIT v. Nestle India Ltd.[2005] 147 Taxman 20 (Mag.) (Delhi) the Hon'ble Tribunal held that it is not relevant that no AY 2012-13 AY 2013-14 Apol…

DCIT, NEW DELHI vs. M/S. INDUS TOWERS LTD., NEW DELHI

Appeal is allowed

ITA 2242/DEL/2014[2009-10]Status: DisposedITAT Delhi07 Jun 2019AY 2009-10

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 133(6)Section 143(1)Section 143(2)Section 37(1)Section 44A

…IT (2008) 168 Taxman 308 (SC) wherein it was held that payment for contractual obligation would also be a business expenditure. The Ld. AR relied upon the decision of the Hon’ble Gujarat High Court in case of CIT vs. Laxmi Cement Distributors (P.) Ltd. (1976) 104 ITR 711 (Guj). 7. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that at the time of incorporation, some of the employees from Bharti, Vodafone and Idea group companies were transferred to the assessee and were enrolled as full time employees. The assessee was required to pay “ex-gratia/…

INDUS TOWERS LTD.,GURGAON vs. ADDL. CIT, NEW DELHI

Appeal is allowed

ITA 1040/DEL/2014[2009-10]Status: DisposedITAT Delhi07 Jun 2019AY 2009-10

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 133(6)Section 143(1)Section 143(2)Section 37(1)Section 44A

…IT (2008) 168 Taxman 308 (SC) wherein it was held that payment for contractual obligation would also be a business expenditure. The Ld. AR relied upon the decision of the Hon’ble Gujarat High Court in case of CIT vs. Laxmi Cement Distributors (P.) Ltd. (1976) 104 ITR 711 (Guj). 7. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that at the time of incorporation, some of the employees from Bharti, Vodafone and Idea group companies were transferred to the assessee and were enrolled as full time employees. The assessee was required to pay “ex-gratia/…

DCIT, CHENNAI vs. ORIENTAL HOTELS LIMITED, CHENNAI

In the result the appeal of the assessee in ITA No

ITA 15/CHNY/2017[2011-12]Status: DisposedITAT Chennai24 May 2018AY 2011-12

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Respondent: 15.03.2018
Section 143(3)Section 14ASection 250(6)

…assessee. On appeal, the Ld.CIT(A) concurred with the view of the Ld.AO by rejecting the decision cited by the Ld.AR in the case CIT vs. Lucas Indian Service Ltd., reported in 239 ITR 429 (Madras High Court), CIT Vs. Lakshmi Cements Pvt. Ltd., reported in 104 ITR 711 and Indian Overseas Bank Vs. CIT reported in 63 ITR 703, by holding that facts of these cases are not identical to the case of the assessee because in these cases commercial expediency was established unlike in the case of the assessee. 6.1 Before us the Ld.AR argued by stating that the payment made to the ex-employees who were the Managing D…

ORIENTAL HOTELS LTD.,CHENNAI vs. DCIT, CHENNAI

In the result the appeal of the assessee in ITA No

ITA 3476/CHNY/2016[2012-13]Status: DisposedITAT Chennai24 May 2018AY 2012-13

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Respondent: 15.03.2018
Section 143(3)Section 14ASection 250(6)

…assessee. On appeal, the Ld.CIT(A) concurred with the view of the Ld.AO by rejecting the decision cited by the Ld.AR in the case CIT vs. Lucas Indian Service Ltd., reported in 239 ITR 429 (Madras High Court), CIT Vs. Lakshmi Cements Pvt. Ltd., reported in 104 ITR 711 and Indian Overseas Bank Vs. CIT reported in 63 ITR 703, by holding that facts of these cases are not identical to the case of the assessee because in these cases commercial expediency was established unlike in the case of the assessee. 6.1 Before us the Ld.AR argued by stating that the payment made to the ex-employees who were the Managing D…

ORIENTAL HOTELS LTD.,CHENNAI vs. DCIT, CHENNAI

In the result the appeal of the assessee in ITA No

ITA 3475/CHNY/2016[2011-12]Status: DisposedITAT Chennai24 May 2018AY 2011-12

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Respondent: 15.03.2018
Section 143(3)Section 14ASection 250(6)

…assessee. On appeal, the Ld.CIT(A) concurred with the view of the Ld.AO by rejecting the decision cited by the Ld.AR in the case CIT vs. Lucas Indian Service Ltd., reported in 239 ITR 429 (Madras High Court), CIT Vs. Lakshmi Cements Pvt. Ltd., reported in 104 ITR 711 and Indian Overseas Bank Vs. CIT reported in 63 ITR 703, by holding that facts of these cases are not identical to the case of the assessee because in these cases commercial expediency was established unlike in the case of the assessee. 6.1 Before us the Ld.AR argued by stating that the payment made to the ex-employees who were the Managing D…

ORIENTAL HOTELS LTD.,CHENNAI vs. DCIT, CHENNAI

In the result the appeal of the assessee in ITA No

ITA 456/CHNY/2017[2010-11]Status: DisposedITAT Chennai24 May 2018AY 2010-11

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

For Respondent: 15.03.2018
Section 143(3)Section 14ASection 250(6)

…assessee. On appeal, the Ld.CIT(A) concurred with the view of the Ld.AO by rejecting the decision cited by the Ld.AR in the case CIT vs. Lucas Indian Service Ltd., reported in 239 ITR 429 (Madras High Court), CIT Vs. Lakshmi Cements Pvt. Ltd., reported in 104 ITR 711 and Indian Overseas Bank Vs. CIT reported in 63 ITR 703, by holding that facts of these cases are not identical to the case of the assessee because in these cases commercial expediency was established unlike in the case of the assessee. 6.1 Before us the Ld.AR argued by stating that the payment made to the ex-employees who were the Managing D…

ACIT, CIRCLE-4(1), , VISAKHAPATNAM vs. SRI VARALAKSHMI JUTE TWINE MILLS PVT. LTD,, RAJAM

In the result, appeals filed by the Revenue in ITA

ITA 458/VIZ/2017[2013-2014]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2013-2014

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

…ure of pension were allowed as deduction; and reliance was placed on the decision of Hon'ble Madras High Court in the case of CIT vs. Lucas Indian Service Ltd. (239 ITR 429), Hon'ble Gujarat High Court in the case of CIT vs. Laxmi Cement Distributors (P) Ltd. 104 ITR 711; Hyderabad Tribunal decision in the case of A.P. Housing Board vs. DCIT (36 Taxmann.com 561), Cochin 1TAT in the case of Catholic Syrian Bank Ltd. vs. ACIT 38 SOT 553. 8.4 The authorized representative relied on the decision of the Hon'ble Supreme Court in the case of CIT v Chandulal Keshavlal & Co. (38 ITR 601 (SC)) and contended that expenditur…

SRI VARALAKSHMI JUTE TWINE MILLS PRIVATE LIMITED,,RAJAM vs. DCIT, CIRCLE-4(1),, VISAKHAPATNAM

In the result, appeals filed by the Revenue in ITA

ITA 404/VIZ/2017[2013-2014]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2013-2014

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

…ure of pension were allowed as deduction; and reliance was placed on the decision of Hon'ble Madras High Court in the case of CIT vs. Lucas Indian Service Ltd. (239 ITR 429), Hon'ble Gujarat High Court in the case of CIT vs. Laxmi Cement Distributors (P) Ltd. 104 ITR 711; Hyderabad Tribunal decision in the case of A.P. Housing Board vs. DCIT (36 Taxmann.com 561), Cochin 1TAT in the case of Catholic Syrian Bank Ltd. vs. ACIT 38 SOT 553. 8.4 The authorized representative relied on the decision of the Hon'ble Supreme Court in the case of CIT v Chandulal Keshavlal & Co. (38 ITR 601 (SC)) and contended that expenditur…

SRI VARALAKSHMI JUTE TWINE MILLS PVT. LTD.,,RAJAM vs. THE ITO,, SRIKAKULAM

In the result, appeals filed by the Revenue in ITA

ITA 349/VIZ/2016[2012-2013]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2012-2013

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

…ure of pension were allowed as deduction; and reliance was placed on the decision of Hon'ble Madras High Court in the case of CIT vs. Lucas Indian Service Ltd. (239 ITR 429), Hon'ble Gujarat High Court in the case of CIT vs. Laxmi Cement Distributors (P) Ltd. 104 ITR 711; Hyderabad Tribunal decision in the case of A.P. Housing Board vs. DCIT (36 Taxmann.com 561), Cochin 1TAT in the case of Catholic Syrian Bank Ltd. vs. ACIT 38 SOT 553. 8.4 The authorized representative relied on the decision of the Hon'ble Supreme Court in the case of CIT v Chandulal Keshavlal & Co. (38 ITR 601 (SC)) and contended that expenditur…

THE DCIT,, VISAKHAPATNAM vs. SRI VARALAKSHMI JUTE MILLS PVT LTD,, SRIKAKULAM

In the result, appeals filed by the Revenue in ITA

ITA 340/VIZ/2016[2012-2013]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2012-2013

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

…ure of pension were allowed as deduction; and reliance was placed on the decision of Hon'ble Madras High Court in the case of CIT vs. Lucas Indian Service Ltd. (239 ITR 429), Hon'ble Gujarat High Court in the case of CIT vs. Laxmi Cement Distributors (P) Ltd. 104 ITR 711; Hyderabad Tribunal decision in the case of A.P. Housing Board vs. DCIT (36 Taxmann.com 561), Cochin 1TAT in the case of Catholic Syrian Bank Ltd. vs. ACIT 38 SOT 553. 8.4 The authorized representative relied on the decision of the Hon'ble Supreme Court in the case of CIT v Chandulal Keshavlal & Co. (38 ITR 601 (SC)) and contended that expenditur…

M/S. VOLVO INDIA PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

ITA 1353/BANG/2010[2006-07]Status: DisposedITAT Bangalore11 Dec 2017AY 2006-07

Bench: Shri Inturi Rama Rao & Shri Lalit Kumarm/S.Volvo India Private Limited, Yalachahally Village, Tavarakere Post, Hoskote, Bangalore – 562 122. Pan: Aaacv 6747N … Appellant Vs. The Deputy Commissioner Of Income Tax, Ltu, … Respondent

For Appellant: Shri Neeraj Jain, CAFor Respondent: Ms. Neera Malhotra, CIT(DR)
Section 10ASection 143(3)Section 234CSection 234DSection 92C

…be a bar to charge fees in the subsequent years. Reliance in this regard was placed on judgment of the Hon’ble Supreme Court in the case of Shahzada Nand and Sons v. CIT (1977) CTR (SC) 246 and CIT v. Laxmi Cement Distributors (P) Ltd., (1976) CTR (Guj) 338 / 104 ITR 711 (Guj). It was further contended that the TPO was not justified to benchmark the payment of management fees on a stand alone basis when the TNMM was applied as the most appropriate method. 16. On the other hand, the ld. DR has submitted that the transaction of payment of management and marketing support services fees is a sham transaction as the…

DCIT, CIRCLE -2, KOLKATA, KOLKATA vs. M/S. BATA INDIA LTD., KOLKATA

In the result, the appeal by the Assessee is partly allowed while the appeal by the Revenue is dismissed

ITA 365/KOL/2012[2004-05]Status: DisposedITAT Kolkata06 Apr 2016AY 2004-05

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 365/Kol/2012 Assessment Year : 2004-05

For Appellant: Shri Ajay Vohra, Sr.Advocate &For Respondent: Shri G.Mallikarjuna,CIT
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 36(6)(va)Section 43B

…nt years. Reliance was palced in this regard on the decision of the judgment of Hon’ble Supreme Court in the case of Shahzada Nand and Sons vs. CIT 1977 CTR (SC) 246 : (1977) 108 ITR 358 (SC) and CIT vs. Laxmi Cement Distributors (P) Ltd. 1976 CTR (Guj) 338 : 104 ITR 711 (GuJ), wherein it has been held that remuneration paid for services rendered could not be disallowed merely because no remuneration for such services was paid in the past. Similarly, in the case of Addl CIT vs Nestle India Ltd (2005) 94 TT J 53 (Del) the Hon'ble Tribunal held that it is not relevant that no royalty was paid in the past. Similarly…

M/S. BATA INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 2, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is partly allowed while the appeal by the Revenue is dismissed

ITA 327/KOL/2012[2004-05]Status: DisposedITAT Kolkata06 Apr 2016AY 2004-05

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 365/Kol/2012 Assessment Year : 2004-05

For Appellant: Shri Ajay Vohra, Sr.Advocate &For Respondent: Shri G.Mallikarjuna,CIT
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 36(6)(va)Section 43B

…nt years. Reliance was palced in this regard on the decision of the judgment of Hon’ble Supreme Court in the case of Shahzada Nand and Sons vs. CIT 1977 CTR (SC) 246 : (1977) 108 ITR 358 (SC) and CIT vs. Laxmi Cement Distributors (P) Ltd. 1976 CTR (Guj) 338 : 104 ITR 711 (GuJ), wherein it has been held that remuneration paid for services rendered could not be disallowed merely because no remuneration for such services was paid in the past. Similarly, in the case of Addl CIT vs Nestle India Ltd (2005) 94 TT J 53 (Del) the Hon'ble Tribunal held that it is not relevant that no royalty was paid in the past. Similarly…

CIT v. Laxmi Cement Distributors (P) Ltd. (104 ITR 711) — Cited in 15 Judgments | BharatTax