CIT v. Malayalam Plantations Ltd.

53 ITR 140Supreme Court of India1964#460 most cited

What is CIT v. Malayalam Plantations Ltd. authority for?

The expression "for the purpose of business" is wider in scope than "for the purpose of earning profits" and encompasses expenditures made for commercial expediency, business preservation, administration, and modernization.

201

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2006 to 2025.

Also referred to as

CIT v. Malayalam Plantations Ltd. · 53 ITR 140 · Section 37 · Section 36(1)(iii) · Income Tax Act 1961 · for the purpose of business · commercial expediency · scope of business purpose · deductibility of expenditure · earning profits

Sections most often in play

Section 36(1)(iii)Section 1961Section 143(3)Section 37Section 1872: Section 62Section 194(I)(b)Section 1963: Rule 29Section 24

Issues it is cited on

recognised provident fundsection 50bsection 43b(f)approved gratuity fundsection 40a(9)section 211wholly and exclusively for businesssection 35dslump salesection 32(1)(ii)domestic companyfull value of consideration

Judgments citing CIT v. Malayalam Plantations Ltd.

M/S. V.V.V. & Sons Edible Oils Ltd., Virudhunagar vs. DCIT, Central-1, Madurai

In the result, the appeals of the assessee in ITA Nos

ITA 2279/CHNY/2019[2014-15]Status: DisposedITAT Chennai05 Aug 2022AY 2014-15

Bench: Shri Mahavir Singhand Shri G. Manjunatha

For Appellant: Shri P. G. Sekar, C.A ""For Respondent: Dr. S. Palani Kumar,CIT
Section 143(3)

…ssessee in ITA No.2277/CHNY/2019 for assessment year 2012-13 is as regards to disallowance of foreign tour expenses of Rs.13,89,450/-. For this, assessee has raised the following ground:- FOREIGN TOUR The Supreme Court in CIT vs MALAYALAM PLANTATIONS LTD 1964 53 ITR 140 has observed The expression for the purpose of the expression for the purpose of earning profits The purpose shall be for the purpose of the business that is to say the expenditure incurred shall be jor the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business Working through the year one…

M/S. V.V.V. & Sons Edible Oils Ltd., Virudhunagar vs. DCIT, Central-1, Madurai

In the result, the appeals of the assessee in ITA Nos

ITA 2278/CHNY/2019[2013-14]Status: DisposedITAT Chennai05 Aug 2022AY 2013-14

Bench: Shri Mahavir Singhand Shri G. Manjunatha

For Appellant: Shri P. G. Sekar, C.A ""For Respondent: Dr. S. Palani Kumar,CIT
Section 143(3)

…ssessee in ITA No.2277/CHNY/2019 for assessment year 2012-13 is as regards to disallowance of foreign tour expenses of Rs.13,89,450/-. For this, assessee has raised the following ground:- FOREIGN TOUR The Supreme Court in CIT vs MALAYALAM PLANTATIONS LTD 1964 53 ITR 140 has observed The expression for the purpose of the expression for the purpose of earning profits The purpose shall be for the purpose of the business that is to say the expenditure incurred shall be jor the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business Working through the year one…

M/S. V.V.V. & Sons Edible Oils Ltd., Virudhunagar vs. DCIT, Central-1, Madurai

In the result, the appeals of the assessee in ITA Nos

ITA 2277/CHNY/2019[2012-13]Status: DisposedITAT Chennai05 Aug 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri G. Manjunatha

For Appellant: Shri P. G. Sekar, C.A ""For Respondent: Dr. S. Palani Kumar,CIT
Section 143(3)

…ssessee in ITA No.2277/CHNY/2019 for assessment year 2012-13 is as regards to disallowance of foreign tour expenses of Rs.13,89,450/-. For this, assessee has raised the following ground:- FOREIGN TOUR The Supreme Court in CIT vs MALAYALAM PLANTATIONS LTD 1964 53 ITR 140 has observed The expression for the purpose of the expression for the purpose of earning profits The purpose shall be for the purpose of the business that is to say the expenditure incurred shall be jor the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business Working through the year one…

M/S. V.V.V. & Sons Edible Oils Ltd., Virudhunagar vs. DCIT, Central-1, Madurai

In the result, the appeals of the assessee in ITA Nos

ITA 2276/CHNY/2019[2011-12]Status: DisposedITAT Chennai05 Aug 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri G. Manjunatha

For Appellant: Shri P. G. Sekar, C.A ""For Respondent: Dr. S. Palani Kumar,CIT
Section 143(3)

…ssessee in ITA No.2277/CHNY/2019 for assessment year 2012-13 is as regards to disallowance of foreign tour expenses of Rs.13,89,450/-. For this, assessee has raised the following ground:- FOREIGN TOUR The Supreme Court in CIT vs MALAYALAM PLANTATIONS LTD 1964 53 ITR 140 has observed The expression for the purpose of the expression for the purpose of earning profits The purpose shall be for the purpose of the business that is to say the expenditure incurred shall be jor the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business Working through the year one…

M/S. V.V.V. & Sons Edible Oils Ltd., Virudhunagar vs. DCIT, Central-1, Madurai

In the result, the appeals of the assessee in ITA Nos

ITA 2275/CHNY/2019[2010-11]Status: DisposedITAT Chennai05 Aug 2022AY 2010-11

Bench: Shri Mahavir Singhand Shri G. Manjunatha

For Appellant: Shri P. G. Sekar, C.A ""For Respondent: Dr. S. Palani Kumar,CIT
Section 143(3)

…ssessee in ITA No.2277/CHNY/2019 for assessment year 2012-13 is as regards to disallowance of foreign tour expenses of Rs.13,89,450/-. For this, assessee has raised the following ground:- FOREIGN TOUR The Supreme Court in CIT vs MALAYALAM PLANTATIONS LTD 1964 53 ITR 140 has observed The expression for the purpose of the expression for the purpose of earning profits The purpose shall be for the purpose of the business that is to say the expenditure incurred shall be jor the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business Working through the year one…

M/S. V.V.Vanniaperumal & Sons, Virudhunagar vs. PCIT-2, Chennai

In the result, the appeals of the assessee in ITA Nos

ITA 1765/CHNY/2019[2009-10]Status: DisposedITAT Chennai05 Aug 2022AY 2009-10

Bench: Shri Mahavir Singhand Shri G. Manjunatha

For Appellant: Shri P. G. Sekar, C.A ""For Respondent: Dr. S. Palani Kumar,CIT
Section 143(3)

…ssessee in ITA No.2277/CHNY/2019 for assessment year 2012-13 is as regards to disallowance of foreign tour expenses of Rs.13,89,450/-. For this, assessee has raised the following ground:- FOREIGN TOUR The Supreme Court in CIT vs MALAYALAM PLANTATIONS LTD 1964 53 ITR 140 has observed The expression for the purpose of the expression for the purpose of earning profits The purpose shall be for the purpose of the business that is to say the expenditure incurred shall be jor the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business Working through the year one…

ACIT Circle-8(1), New Delhi vs. Emcipi Electronics Pvt Ltd, New Delhi

In the result, the Appeal of the Revenue is dismissed

ITA 4253/DEL/2019[2010-11]Status: DisposedITAT Delhi08 Jul 2022AY 2010-11

Bench: Shri B. R. R. Kumar & Sh. Yogesh Kumar U.S.I.T.A. No. 4253/Del/2019 (A.Y 2010-11)

For Appellant: Shri Upvan Gupta, AdvFor Respondent: Shri Lalit Kishore, Sr. D.R
Section 143(2)

…e should be allowable as deduction and it is not necessary that the expenditure may result in income or there must be substantial income. The said view has been supported by the decision of Hon'ble Supreme Court in the case of CIT Vs. Malyalam Plantation Ltd. 53 ITR 140 and CIT Vs. Rajinder Pd. Moodi 115 ITR 519. 10. In view of the above discussion, we do not find any error or infirmity in the order of CIT(A). Accordingly, the Grounds of Appeal of the Revenue are dismissed. 4 ACIT Vs. EMCIPI ELECTRONICS 11. In the result, the Appeal of the Revenue is dismissed. Order pronounced in the open court on : 08 /07/20…

ACIT 28 (2), Mumbai vs. Real Trade Technologies, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 6939/MUM/2019[2013-14]Status: DisposedITAT Mumbai07 Jul 2022AY 2013-14

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalacit-28(2), Room No. 307, 3Rd Floor,Tower No.6, Vashi Railway Station Complex, Vashi, Navi Mumbai-400703 ...... Appellant Vs. M/S Real Trade Technologies, F-07, D-02, Real Tech Park, Plot No.-39/02, Sector-10, Vashi, Navi Mumbai-400705. Pan: Aaifr4687C ..... Respondent Appellant By : Sh. T. Shankar (Sr. Ar.Cit) Respondent By : Sh. M. Subramanian (Ar) Date Of Hearing : 12/04/2022 Date Of Pronouncement : 07/07/2022 Order Per Gagan Goyal, A.M: This Appeal By The Revenue Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-26, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Dated 26.08.2019 For The Assessment Year (Ay) 2013-14. The Revenue Has Raised The Following Grounds Of Appeal: "1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Citia) Was Correct In Deleting The Disallowance Of Proportionate Interest Paid On Borrowed Capital Amounting To Rs. 2, 12 40,434/- U/S 36(1) (Iii) Of The Act Without Appreciating That The Assessee Has Not Been Able To Establish The Commercial

For Appellant: Sh. T. Shankar (Sr. Ar.CIT)For Respondent: Sh. M. Subramanian (AR)
Section 143(2)Section 36(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “D”, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER ACIT-28(2), Room No. 307, 3rd Floor,Tower No.6, Vashi Railway Station Complex, Vashi, Navi Mumbai-400703 ...... Appellant Vs. M/s Real Trade Technologies, F-07, D-02, Real Tech Park, Plot No.-39/02, Sector-10, Vashi, Navi Mumbai-400705. PAN: AAIFR4687C ..... Respondent Appellant by : Sh. T. Shankar (Sr. Ar.CIT) Respondent by : Sh. M. Subramanian (AR) Date of hearing : 12/04/2022 Date of pronouncement : 07/07/2022 ORDER PER GAGAN GOYAL, A.M: This appeal by the Reve…

M/S. Mobily Infotech India Private Limited, Bangalore vs. Income Tax Officer, Ward-4(1)(3), Bangalore

In the result, the appeal by the assessee is allowed

ITA 313/BANG/2022[2017-18]Status: FixedITAT Bangalore07 Jul 2022AY 2017-18

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2016-17

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Sankarganesh K. Jt.CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 143(3)Section 36(1)(iii)Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND Ms. PADMAVATHY S, ACCOUNTANT MEMBER Assessment year : 2016-17 M/s. Hical Infra Pvt. Ltd., Vs. The Deputy Commissioner # 46, 47, Phase II, Electronics City, of Income Tax (OSD), Hosur Road, Range 3(1), Bangalore – 560 100. Bangalore. PAN: AAACH 3639K APPELLANT RESPONDENT Appellant by : Shri Padamchand Khincha, CA Respondent by : Shri Sankarganesh K. Jt.CIT(DR)(ITAT), Bengaluru. Date of hearing : 16.06.2022 Date of Pronouncement : 07.07.2022 O R D E R Per Padmavathy S., Accountant Member This appeal is…

M/S. Hical Infra Private Limited, Bangalore vs. Deputy Commissioner of Income Tax (OSD), Range- 1, Bangalore

In the result, the appeal by the assessee is allowed

ITA 313/BANG/2020[2016-17]Status: DisposedITAT Bangalore07 Jul 2022AY 2016-17

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2016-17

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Sankarganesh K. Jt.CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 143(3)Section 36(1)(iii)Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND Ms. PADMAVATHY S, ACCOUNTANT MEMBER Assessment year : 2016-17 M/s. Hical Infra Pvt. Ltd., Vs. The Deputy Commissioner # 46, 47, Phase II, Electronics City, of Income Tax (OSD), Hosur Road, Range 3(1), Bangalore – 560 100. Bangalore. PAN: AAACH 3639K APPELLANT RESPONDENT Appellant by : Shri Padamchand Khincha, CA Respondent by : Shri Sankarganesh K. Jt.CIT(DR)(ITAT), Bengaluru. Date of hearing : 16.06.2022 Date of Pronouncement : 07.07.2022 O R D E R Per Padmavathy S., Accountant Member This appeal is…

Olectra Greentech Limited, Secunderabad vs. Assistant Commissioner of Income Tax, Central Circle-3(2), Hyderabad

ITA 63/HYD/2022[2018-19]Status: DisposedITAT Hyderabad27 Jun 2022AY 2018-19

Bench: Shri Laliet Kumar & Shri L.P.Sahuassessment Year: 2018-19

For Appellant: Sri P. Murali Mohan Rao, CAFor Respondent: Sri Rajendra Kumar, CIT-DR
Section 132Section 143(2)Section 143(3)Section 153ASection 153D

…oncern was by way of commercial expediency. 30. It has been repeatedly held by this court that the expression "for the purpose of business" is wider in scope than the expression "for the purpose of earning profits" vide CIT v. Malayalam Plantations Ltd. [1964 53 ITR 140 (SC), CIT v. Birla Cotton Spinning and Weaving Mills Ltd. [1971 82 ITR 166 (SC)], etc.” 17. We may also point out that the premises of the assessee is situated in the bounded premises which is subject to supervision of the Excise and Other Govt. Departments, and it is not possible for the assessee to remove any of the material without paying exci…

M/S. Devaraj Urs Educational Trust for Backward Classes (Regd), Kolar vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, appeal filed by the assessee is allowed

ITA 155/BANG/2022[2020-21]Status: DisposedITAT Bangalore08 Jun 2022AY 2020-21

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: Na

For Appellant: Sri Ramasubramaniyan, A.RFor Respondent: Sri Pradeep Kumar, D.R
Section 11Section 12ASection 132Section 143(2)Section 143(3)Section 153A

…so benefits thereby. But in every case it is a question of fact whether the expenditure was expended wholly and exclusively for the purpose of trade or business of the assessee. The Hon’ble Supreme Court in the case of CIT v. Malayalam Plantations Ltd. [1964] 53 ITR 140 (SC) held that “The expression "for the purpose of the business" is wider in scope than the expression "for the purpose of earning profits". Its range is wide : it may take in not only the day to day running of a business but also the rationalization of its administration and modernization of its machinery; it may include measures for the preserva…

Assistant Commissioner of Income-Tax, Circle - 6, Pune vs. Sharada Erectors Private Limited., Pune`

In the result, this appeal of the Revenue stands dismissed

ITA 2043/PUN/2017[2013-14]Status: DisposedITAT Pune06 Apr 2022AY 2013-14

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकर अपील सं. / Ita No. 2043/Pun/2017 "नधा"रणवष" / Assessment Year : 2013-14 The A.C.I.T., Sharada Erectors Pvt. Ltd. Circle-6, Vs 38, Vijayanagar Colony, Pune Pune-411030. Pan No. Aaccs 6028 D Appellant/ Assessee Respondent /Revenue Revenue By Ms. Divya Bajpai (Cit-Dr) Assessee By Shri Nikhil S Pathak Date Of Hearing 22/03/2022 Date Of Pronouncement 06/04/2022 आदेश/ Order Per: Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-4, Pune, Appeal No.Pn/Cit(A)-4/Dcit, Circle-6, Pune/85/2016-17/152 Dated 27/03/2017 For The Assessment Year 2013- 14. The Revenue Has Raised Following Grounds Of Appeal: “1. On The Facts & The Circumstances Of The Case & In The Law, The Ld. Cit(A) Has Erred In Deleting The Addition On Account Of Disallowance Of Interest Of Rs. 7,44,78,911/- U/S 36(1)(Iii) Of The Income Tax Act, 1961, When The Funds Were Raised By Interest Bearing Loan Which Was Advanced To Sister Concern For Non Business Purpose. 2. For This An Such Other Reasons As May Be Urged At The Time Of Hearing, The Order Of The Cit(A) May Be Vacated & That Of The Assessing Officer Be Restored. 3. The Appellant Craves Leave To Add, Amend Alter Or Delete Any Of The Above Grounds Of Appeal During The Course Of Appellate Proceedings Before The Hon’Ble Tribunal.” 2. The Assessee Is A Builder-Developer. Brief Facts Of The Case Are That, In The Assessment Order, It Is Claimed That The Assessee Has Used Interest Bearing Funds For Giving Advances To Its Sister Concerns & Related Entities, Therefore, The A.O. Opined That The Funds Have Been Used For Non-Business Purposes. The Assessee Submitted Before The A.O. During The Assessment Proceedings That They Have

Section 14ASection 36(1)(iii)

…arning any revenue during the year. Appellant has countered this by relying on the decision of the Hon’ble Supreme Court in S.A. Builders Ltd. [2007 (288 ITR 1 (SC)] wherein the Hon’ble Court has reiterated its decision in CIT Vs Malayam Plantations Ltd [1964 53 ITR 140 (SC)] to hold that the expression “for the purpose of business” is wider in scope than the expression “for the purpose of earning profits”. The Court also agreed with the view taken by Delhi High Court in Dalmia Cements (B) Ltd. [2002 (254) ITR 377] wherein it was held that once it is established that there is nexus between the expenditure and the…

Jsw Steel Limited, Mumbai vs. Addlcit, Bangalore

858/M/2011

ITA 858/BANG/2011[2007-08]Status: DisposedITAT Mumbai16 Mar 2022AY 2007-08

Bench: Shri Om Prakash Kant () & Shri Amarjit Singh () Assessment Year: 2007-08 Jsw Steel Limited, The Addl. Cit, Range 11, Jindal Mansion, 5A, Vs. Bangalore. Dr. G. Deshmukh Marg, Mumbai-400026. Pan No. Aaacj 4323 N Appellant Respondent Assessment Year: 2007-08 Dc. Cc.46, M/S Jsw Steel Ltd., R.No. 659, 6Th Floor, Aayakar Vs. Jindal Mansion, 5-A, Dr. G Bhavan, M.K. Road, Deshmukh Marg, Mumbai-20. Mumbai-400026. Pan No. Aaacj 4323 N Appellant Respondent Assessment Year: 2007-08 M/S Jsw Steel Ltd., Dcit, Central Circle 46, Jsw Centre, Bandra Kurla Vs. 6Th Flr., Aayakar Bhavan, M.K. Complex, Road, Mumbai-400051. Mumbai-400020. Pan No. Aaacj 4323 N Appellant Respondent

For Appellant: Mr. Danesh Bafna &For Respondent: Mr. Achal Sharma, CIT-DR
Section 14ASection 37(1)

…set aside the assessment and directed disallowance of the claim, which was upheld by the JSW Steel Ltd. 13 ITA No.s 858/M/2011 & Ors. Tribunal. But on further appeal, Hon’ble Bombay High Court referred to the decision of CIT vs Malyalam Plantation Ltd (1964) 53 ITR 140 wherein it is observed that the expression “for the purpose of the business” is wider in scope than the expression “for the purpose of earning profits” which take into account not only the day-to-day running of the business, but also the rationalization of its administration and modernization of its machinery. It may include measures for preservat…

Anheuser Busch Inbev India Ltd., Mumbai vs. Pr. CIT-Circle-1, Mumbai

In the result, appeals filed by the assessee are allowed

ITA 942/MUM/2021[2014-15]Status: DisposedITAT Mumbai28 Jan 2022AY 2014-15

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Rajan VoraFor Respondent: Ms. Shailja Rai
Section 143(3)Section 263Section 37Section 37(1)

…the Act. What is commercial expediency in a given facts and circumstances of a case is the sole discretion of the Assessee and not of the revenue authorities. Reliance in this regard can be placed on the following rulings:  CIT vs. Malayalam Plantation Ltd (53 ITR 140) [SC] wherein it was held that The expression ‘or the purpose of the business‘ is wider in scope than the expression ‘for the purpose of earning profits’. Its range is wide; it may take in not only the day to day running of a business but also the rationalization of its administration and modernizaton of &s machinery, it may include measures for t…

Anheuser Busch Inbev India Ltd., Mumbai vs. Pr CIT, Circle-1, Mumbai

In the result, appeals filed by the assessee are allowed

ITA 941/MUM/2021[2013-14]Status: DisposedITAT Mumbai28 Jan 2022AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Pavan Kumar Gadale, Hon'Ble

For Appellant: Shri Rajan VoraFor Respondent: Ms. Shailja Rai
Section 143(3)Section 263Section 37Section 37(1)

…the Act. What is commercial expediency in a given facts and circumstances of a case is the sole discretion of the Assessee and not of the revenue authorities. Reliance in this regard can be placed on the following rulings:  CIT vs. Malayalam Plantation Ltd (53 ITR 140) [SC] wherein it was held that The expression ‘or the purpose of the business‘ is wider in scope than the expression ‘for the purpose of earning profits’. Its range is wide; it may take in not only the day to day running of a business but also the rationalization of its administration and modernizaton of &s machinery, it may include measures for t…

Rajputana Fertilizers Ltd., New Delhi vs. ACIT, Circle-21(2), New Delhi

ITA 7587/DEL/2018[2015-16]Status: DisposedITAT Delhi22 Dec 2021AY 2015-16

Bench: Shri R. K. Panda & Shri Kuldip Singh(Through Video Conferencing)

For Appellant: Shri Anil Jain, AdvocateFor Respondent: Shri Munesh Kumar [CIT]–D.R
Section 10(34)Section 142(1)Section 143(3)

…esh after providing opportunity of being heard to the assessee in the light of the settled principles laid down by the Hon’ble apex court of India in the case cited as CIT Vs. Vikram Cotton Mills Ltd. (1988) 169 ITR 597 (SC); CIT Vs. Malayalam Plantation Ltd. 53 ITR 140 (SC) and CIT Vs. Birla Cotton Spinning & Weaving Mills Ltd. 82 ITR 166 (SC). 12. Resultantly, both the appeals filed by the assessee company are set aside and allowed for statistical purposes. Order pronounced in the open court on : 22/12/2021. ( R. K. PANDA ) JUDICIAL MEMBER Dated : 22/12/2021. *MEHTA*…

M/S Rajputana Fertilizers Ltd., New Delhi vs. ACIT, New Delhi

ITA 2919/DEL/2017[2013-14]Status: DisposedITAT Delhi22 Dec 2021AY 2013-14

Bench: Shri R. K. Panda & Shri Kuldip Singh(Through Video Conferencing)

For Appellant: Shri Anil Jain, AdvocateFor Respondent: Shri Munesh Kumar [CIT]–D.R
Section 10(34)Section 142(1)Section 143(3)

…esh after providing opportunity of being heard to the assessee in the light of the settled principles laid down by the Hon’ble apex court of India in the case cited as CIT Vs. Vikram Cotton Mills Ltd. (1988) 169 ITR 597 (SC); CIT Vs. Malayalam Plantation Ltd. 53 ITR 140 (SC) and CIT Vs. Birla Cotton Spinning & Weaving Mills Ltd. 82 ITR 166 (SC). 12. Resultantly, both the appeals filed by the assessee company are set aside and allowed for statistical purposes. Order pronounced in the open court on : 22/12/2021. ( R. K. PANDA ) JUDICIAL MEMBER Dated : 22/12/2021. *MEHTA*…

The ACIT, 2(1), Bhopal vs. M/S Moenus Textile Pvt. Ltd., Bhopal

In the result, appeal of the revenue in ITANo

ITA 821/IND/2018[2009-10]Status: DisposedITAT Indore30 Nov 2021AY 2009-10

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2009-10

Section 143(2)Section 68

…The Ld AO has not brought any fact on record that the expenditure has not been incurred for the purpose of business. We are relying on following judgment in this regard: • S.A. Builders Limited vs. CIT: 288 ITR 1 (SC) • CIT vs. Malayalam Plantations Limited: 53 ITR 140 (SC) •CIT v. Birla Cotton Spg. And Wvg. Mills Ltd., 82 ITR 166 (SC) •Madhav Prasad Jatia v. CIT U'P: 1181TR 200 (SC). •CIT V. Bharti Televentures Ltd: 331 ITR 502 (Del HC) •CIT v. Rockman Cycle Industries Ltd., 331 ITR 401 (P&H HC) (FB) • Hero Cycles (P) Ltd vs Commissioner of Income-tax (Central) Ludhiana [(2015) 63 taxmann.com 308(SC)]" Moenus…

Mukesh Kumar, Bhattu vs. ITO Ward - 1, Fatehabad

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

ITA 6443/DEL/2019[2016-17]Status: DisposedITAT Delhi22 Sept 2021AY 2016-17
For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Shri R.K. Gupta, Sr. DR

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER Assessment Year: 2016-17 Mukesh Kumar, Vs. ITO, 44, New Grain Market, Ward-1, Bhattu, Fatehabad. Fatehabad, Haryana. PAN: ATQPK8439E (Appellant) (Respondent) Assessee by : Shri Gautam Jain, Advocate Revenue by : Shri R.K. Gupta, Sr. DR Date of Hearing : 25.08.2021 Date of Pronouncement : 22.09.2021 ORDER This appeal filed by the assessee is directed against the order dated 30.04.2019 of the CIT(A), Hisar, relating to the assessment year 2016-17. 2. Facts of the case, in brief, a…