CIT v. Mir Mohammed Ali

53 ITR 165Supreme Court of India1964#14273 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2005 to 2024.

Judgments citing CIT v. Mir Mohammed Ali

M/S Capricorn Lifestyle Pvt. Ltd., Pune vs. DCIT, Circle 1(1), Pune

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

ITA 376/PUN/2024[2021-22]Status: DisposedITAT Pune09 Sept 2024AY 2021-22

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2021-22

For Appellant: Shri Sanket M JoshiFor Respondent: Shri Ramnath P Murkunde

Section 143(2)

…on the advance given to Anishka developers besides initiating penalty proceedings u/s 270A(1) for under reporting of income.” 7. In appeal, the CIT(A) / NFAC relying on the decision of the Hon'ble Supreme Court in the case of CIT vs. Mir Mohammed Ali (1964) 53 ITR 165 (SC) wherein it was held that the onus is on the assessee to prove that the interest is deductible, sustained the addition on the ground that the assessee had failed to establish the direct nexus between the interest-free funds available as on the date of advance and the loan given to the sister concern by observing as under: “The assessment order…

The ACIT, Circle-1(1), Thrissur vs. M/S.Kerala Communicators Cable Ltd, Thrissur

In the result, appeal filed by the Revenue is allowed and

ITA 271/COCH/2018[2014-15]Status: DisposedITAT Cochin30 Apr 2019AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri. P.K.JayanFor Respondent: Sri.Sudhanshu Shekhar Jha

Section 143(3)

…object in each case effecting so definite or specific result .... 6.3 The Ld. AR relied on the following judgments of the Supreme Court: THE PRIVY COUNCIL in Corporation of Calcutta v Chairman Cossipore & Chitpon AIR 1922 PC 27. CIT vs Mir Mohammed Ali 1964-53 ITR 165-SC. It was held as under: 43(3) "plant includes ships, vehicles, books, scientific apparatus and surgical equipment Used for the purposes of the business or profession but does not include tea bushes or livestock or buildings or furniture and fittings; 8. (ix) Energy saving devices, being— E. Electrical equipment: (k) Remote terminal units/int…

ITO, Ward - 8(4), Kolkata, Kolkaa vs. M/S. Gour Trading Pvt. Ltd., Kolkata

In the result, the appeal filed by the Revenue is dismissed

ITA 2021/KOL/2017[2012-13]Status: DisposedITAT Kolkata19 Dec 2018AY 2012-13

Bench: Shri S. S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2021/Kol/2017 ("नधा"रणवष" / Assessment Year: 2012-13)

For Appellant: Shri K. Mondal, Sr. DRFor Respondent: Shri Soumitra Choudhury, Advocate

Section 144Section 36(1)(iii)

…Officer disallows part of interest, the Assessing Officer must prove and bring on record that part of borrowed funds which was diverted to non-business use.For this, we rely on the judgment of the Hon`ble Supreme Court in the case of CIT V. Mir Mahammad Ali, 53 ITR 165 (SC). We also note that Hon`ble High Court of Calcutta in the case of CIT vs Britania Industries Ltd. 280 ITR 525 (Calcutta), held that interest on borrowings cannot be disallowed merely because the assessee M/s. Gour Trading Pvt. Ltd. Assessment Year: 2012-13 had given interest free advances for suppliers of raw materials, who were relations of t…

M/S Superfine Knitters Ltd., Ludhiana vs. ACIT, Ludhiana

ITA 56/CHANDI/2017[2009-10]Status: DisposedITAT Chandigarh17 Jul 2018AY 2009-10

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaassessment Year: 2009-10 M/S Superfine Knitters Ltd., Vs. The Acit, 269, Industrial Area-A, Circle-7, Ludhiana. Ludhiana. Pan No. Aadcs4217P

For Appellant: Shri Lalit TakyarFor Respondent: Dr. Gulshan Raj, CIT (DR)

Section 143(3)Section 147Section 148

…ration of their respective parts generate power, or evoke, modify, apply or direct natural forces, with the object in each case of effecting so definite and specific a result." 29. The same found approval with the Supreme Court in CIT vs. Mir Mohd. Ali (1964) 53 ITR 165 (SC). The tubewell clearly qualifies as a machinery as per the above definition, being a mechanical contrivance capable of generating force 21 A.Y. 2009-10 effecting a definite result on the object so effected and, therefore, the depreciation rate applicable for plant and machinery is to be given. The rate of 10% held applicable by the Revenu…

Asian Advertising, Mumbai vs. ITO 12(3)(4), Mumbai

In the result, the appeal filed by the assessee firm in ITA N0

ITA 2349/MUM/2013[2007-08]Status: DisposedITAT Mumbai23 Mar 2016AY 2007-08

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 2349/Mum/2013 ("नधा"रण वष" / Assessment Year : 2007-08) M/S Asian Advertising, Ito – 12(3)(4), बनाम/ 4, Parekh Vora Chambers, Mumbai. V. 66, Nagindas Master Road, Fort,Mumbai – 400 001. "थायी लेखा सं./Pan : Aaafa1477D .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Respondent: Shri Ganesh Bare (Sr.DR)

Section 31Section 32Section 37

…nclusion that ‘building’ and ‘plant’ are treated separately for the purpose of grant of depreciation. Higher rate of depreciation is granted to ‘machinery’ and ‘plant’ as against the ‘building’ which has more durability. 35. In CIT v. Mir Mohammad Ali [1964] 53 ITR 165 this Court considered the meaning of the word ‘machinery’ and observed that the word ‘machinery’ is an ordinary and not a technical word and unless there is something in the context in the Act, the ordinary meaning would prevail. Thereafter, the Court observed: ITA 2349/Mum/2013 28 "According to the above definition, a diesel engine is clearly…

Sri Vasudeva Textiles Limited, Coimbatore vs. JCIT, Coimbatore

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

ITA 1689/CHNY/2000[1995-96]Status: DisposedITAT Chennai04 Mar 2016AY 1995-96

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No. 1689/Mds/2000 "नधा"रण वष" / Assessment Year : 1995-96 M/S Sri Vasudeva Textiles Limited, The Joint Commissioner Of 2/167, Ellappalayam Post, V. Income Tax, Pogalur, Annur Via Special Range – I, Coimbatore – 641 697. Coimbatore – 18. Pan : Cq - 9240 (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Sh. T. Banusekar, CAFor Respondent: Sh. N. Madhavan, JCIT

Section 143(2)Section 143(3)Section 147Section 148

…Therefore, it cannot be allowed as revenue expenditure or current repair. Therefore, the CIT(Appeals), according to the Ld. D.R., has confirmed the order of the Assessing Officer by placing reliance on the judgments of Apex Court in CIT v. Mir Mohammed Ali (53 ITR 165) and in CIT v. Ballimal Naval Kishore (224 ITR 414). 16. We have considered the rival submissions on either side and perused the relevant material available on record. The replacement of ring frames, draw frames and carding machine was subject matter of consideration before the Apex Court in CIT v. Saravana Spinning Mills P. Ltd. (2007) 293 I…

The Tata Iron and Steel Co.Ltd., Bihar vs. The Collector of Central Excise, Patna

The appeals are disposed of accordingly with no order as to costs

C.A. No.-005421-005421 - 1999Supreme Court02 Mar 2005

For Respondent: Collector of Central Excise, Patna

Section 11Section 35L

…xicon, Second Edition 1997, the expression ‘installed’ did not necessarily mean ‘fixed in position’, but was also used in the sense of ‘intended or introduced’. As held in Commissioner of Income Tax v. Mir Mohammad Ali, AIR (1964) SC (1693) at (1697) = (1964) 53 ITR 165, installed would certainly mean ‘to place an apparatus in position for service or use’. When an engine is fixed in a vehicle it is installed within the meaning of the expression. The said decision was rendered while interpreting Section 10(2) of the Income Tax Act, 1922. The provisions involved were Section 10(2)(vi) and (via). The issue involved…