CIT v. NDR Warehousing (P.) Ltd.

372 ITR 690High Court2015#11626 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Sections most often in play

Section 143(3)Section 147Section 148Section 194ISection 2(13)Section 22Section 250Section 35AD

Issues it is cited on

annual valuesection 22income from other sourcesappeal before the tribunaltransferpersonindiatotal incomebusinessdocumentinterest

Judgments citing CIT v. NDR Warehousing (P.) Ltd.

INCOME TAX OFFICER, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

ITA 104/ASR/2024[2017-18]Status: DisposedITAT Amritsar15 Jan 2026AY 2017-18

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

Section 143(3)Section 148Section 250Section 35A

…derived from storage facility will not be covered by the head income from house property it will be treated as income from business. 9.7 Thereafter he further referred to the decision of the Madras High Court in the case of ACIT vs. NDR Warehousing (P.) Ltd. 372 ITR 690 (Mad) and also ITAT Raipur Bench order dated 22.12.2022 ITA No.68/RPR/2019 A.Y. 2014-15 to submit that in the instant case, the assessee is engaged in the business of warehousing and therefore, would fall under the head business income because the assessee is not merely letting out the warehouse, but it is the business of providing facility of st…

INCOME TAX OFFICER, WARD-3(1),FEROZEPUR, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

ITA 103/ASR/2024[2014-15]Status: DisposedITAT Amritsar15 Jan 2026AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

Section 143(3)Section 148Section 250Section 35A

…derived from storage facility will not be covered by the head income from house property it will be treated as income from business. 9.7 Thereafter he further referred to the decision of the Madras High Court in the case of ACIT vs. NDR Warehousing (P.) Ltd. 372 ITR 690 (Mad) and also ITAT Raipur Bench order dated 22.12.2022 ITA No.68/RPR/2019 A.Y. 2014-15 to submit that in the instant case, the assessee is engaged in the business of warehousing and therefore, would fall under the head business income because the assessee is not merely letting out the warehouse, but it is the business of providing facility of st…

M/S. EMBASSY KNOWLEDGE INFRASTRUCTURE PROJECTS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2(1)(2), BANGALORE

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

ITA 982/BANG/2019[2014-15]Status: DisposedITAT Bangalore15 Jun 2022AY 2014-15

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.Sandeep Chalapathy, CAFor Respondent: Sri.Sanjay Kumar S.R., CIT –DR
Section 143(2)Section 24Section 3

…constructed specifically for schools. Therefore, these activities are more than mere letting out of building for tenancy and the income has to be treated as business income. We rely on the decision of Hon'ble Madras High Court in CIT v. NDR Warehousing P. Ltd 372 ITR 690 for the above proposition. (Please see observations at Pave No. 110 and III ofPB). The facts of this case are that the assessee was letting out the god owns and warehouses to the manufacturers and traders and other companies carrying on warehousing business. The Hon'ble High Court held that the income from letting out the godowns is in the nature…

M/S.OBERON EDIFICES & ESTATES P. LTD,,KOCHI vs. THE PR.CIT,, TRIVANDRUM

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

ITA 361/COCH/2017[2013-14]Status: DisposedITAT Cochin23 Jul 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No. 361/Coch/2017 Assessment Year : 2013-14 M/S. Oberon Edifices & Estates Vs. The Principal Commissioner Of Pvt. Ltd., Oberon Mall, Income-Tax, Trivandrum. Nh Bye-Pass, Edapally, Kochi-682 024. [Pan:Aaaco 7942E]

Section 263

…urt in the case of Information Technology Park limited [2014] 47 Taxmann.com 239 2) Karnataka High Court in the case of Velankani Information System Private Limited [2013] 35 Taxmann.com 1 3) Madras High Court in the case of NDR Warehousing (P) Limited [2015] 372 ITR 690 4) Mumbai ITAT in the case of Tulsi Shipping (P) Limited [2018] 91 taxmann.com 302. 5) Kolkata ITAT in the case of Oberoi Investments (P) Limited [2017] 87 Taxmann.com 33. 6) Andhra Pradesh High Court in the case of Sri Barathi Warehousing Corporation [2017] 78 Taxmann.com 322 7) Bombay High Court in the case of E-City Project Construction Privat…

TULSI SHIPPING P. LTD,MUMBAI vs. ITO 2(3)(3), MUMBAI

In the result, both the appeals of assessee are allowed

ITA 273/MUM/2018[2009-10]Status: DisposedITAT Mumbai25 Apr 2018AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Ravish Sood, Jm

Section 143(3)

…nion, the manner and nature of dealings with the property undertaken by the assessee cannot be construed as renting simpliciter. At this stage, we may also refer to the judgment of the Hon'ble Madras High Court in the case of CIT vs NDR Warehousing (P.) Ltd., 372 ITR 690 (Madras), which has been relied upon by the appellant before us and which is directly on M/s. Tulsi Shipping Pvt. Ltd., the point. As per the Hon'ble Madras High Court, the income earned from letting-out of warehouse and godown was chargeable under the head „income from business‟ having regard to the facts and circumstances of the case. In the ca…

ITO 2(2)(3), MUMBAI vs. MADHU SNAP FASTNERS MFG CO. P.LTD, MUMBAI

In the result, Revenue’s appeal is dismissed

ITA 5763/MUM/2016[2013-14]Status: DisposedITAT Mumbai28 Mar 2018AY 2013-14

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwal

For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Ms. Aarju Garodia

…ges were received for providing warehousing facilities which is the main business of the assessee, the income has to be assessed under the head income from business. In this context, he relied upon the following decisions:– CIT v/s NDR Warehousing Pvt. Ltd., 372 ITR 690; i) Rayala Corporation Pvt. Ltd. v/s ACIT, 386 ITR 500; and ii) Nutun Warehousing Co. Pvt. Ltd. v/s DCIT, 326 ITR 94. iii) 7. Further, the learned Authorised Representative submitted, though, the warehousing charges have been shown as business 5 Madhu Snap Fastners Mfg. Co. Pvt. Ltd. income for the past so many years, the Assessing Officer has…

TULSI SHIPPING P. LTD,MUMBAI vs. ITO 2(3)(3), MUMBAI

In the result, both the appeals of the assessee are allowed, as above

ITA 5558/MUM/2016[2013-14]Status: DisposedITAT Mumbai01 Feb 2018AY 2013-14

Bench: Shri G.S. Pannu & Shri C.N. Prasad

For Appellant: Ms. Aasifa KhanFor Respondent: Shri V. Justin
Section 14Section 143(3)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H”, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, JUDICIAL MEMBER ITA NOS. 5708/MUM/2015 & : A.Ys : 2008-09 & 2013-14 5558/MUM/2016 M/s. Tulsi Shipping Private Limited Vs. ITO-2(3)(3), 201, Janmabhoomi Chambers, 29, Mumbai (Respondent) Walchand Hirachand Marg, Ballard Estate, Mumbai 400 038. PAN : AAACT1813F (Appellant) Appellant by : Ms. Aasifa Khan Respondent by : Shri V. Justin Date of Hearing : 03/11/2017 Date of Pronouncement : 01/02/2018 O R D E R PER G.S. PANNU, AM : The captioned are two appeals by the assessee pertaining…

TULSI SHIPPING P. LTD,MUMBAI vs. ITO 2(3)(3), MUMBAI

In the result, both the appeals of the assessee are allowed, as above

ITA 5708/MUM/2015[2008-09]Status: DisposedITAT Mumbai01 Feb 2018AY 2008-09

Bench: Shri G.S. Pannu & Shri C.N. Prasad

For Appellant: Ms. Aasifa KhanFor Respondent: Shri V. Justin
Section 14Section 143(3)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H”, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, JUDICIAL MEMBER ITA NOS. 5708/MUM/2015 & : A.Ys : 2008-09 & 2013-14 5558/MUM/2016 M/s. Tulsi Shipping Private Limited Vs. ITO-2(3)(3), 201, Janmabhoomi Chambers, 29, Mumbai (Respondent) Walchand Hirachand Marg, Ballard Estate, Mumbai 400 038. PAN : AAACT1813F (Appellant) Appellant by : Ms. Aasifa Khan Respondent by : Shri V. Justin Date of Hearing : 03/11/2017 Date of Pronouncement : 01/02/2018 O R D E R PER G.S. PANNU, AM : The captioned are two appeals by the assessee pertaining…

FOUR OCEANS PUBLISHERS P.LTD,MUMBAI vs. ITO 1(1)(3), MUMBAI

In the result, the assessee’s appeal for A

ITA 4466/MUM/2013[2006-07]Status: DisposedITAT Mumbai09 Nov 2016AY 2006-07

Bench: Shri Jason P. Boaz & Shri Amarjit Singh Four Oceans Publishers P. Ltd. Income Tax Officer-1(1)(3) C/O. Strand Book Stall Room No. 531A, 5Th Floor Dhannur Ground Floor Vs. Aayakar Bhavan, M.K. Road Sir P.M. Road, Fort Mumbai 400020 Mumbai 400001 Pan – Aaacf4958M Appellant Respondent

For Appellant: Shri Nitesh JoshiFor Respondent: Shri Ranathir Gupta

…various services is to be assessed only as ‘business income’, the learned A.R. of the assessee placed reliance on the following judicial pronouncements which he submitted were based on similar factual situations: - (i) CIT vs. NDR Warehousing Pvt. Ltd. (2015) 372 ITR 690 (Mad.) (ii) Vora Warehousing (P) Ltd. vs. ACIT (1999) 70 ITD 518 (Mum) 7 Four Oceans Publishers P. Ltd. It was also contends that the judicial decisions relied on by the authorities below were not applicable to the factual or legal position of the case on hand. 4.3 Per contra, the learned D.R. for Revenue placed reliance on the orders of the aut…

CIT v. NDR Warehousing (P.) Ltd. (372 ITR 690) — Cited in 9 Judgments | BharatTax