CIT v. Rohtas Industries Ltd.

120 ITR 110High Court#8727 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2019.

Judgments citing CIT v. Rohtas Industries Ltd.

OIL INDIA LTD.,,DIBRUGARH vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH.

ITA 33/GTY/2018[2008-09]Status: DisposedITAT Guwahati26 Aug 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

OIL INDIA LTD.,DIBRUGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2, DIBRUGARH

ITA 9/GTY/2014[2010-11]Status: DisposedITAT Guwahati26 Aug 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

OIL INDIA LTD.,DIBRUGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX, RANGE -2, DIBRUGARH

ITA 325/GTY/2013[2009-10]Status: DisposedITAT Guwahati26 Aug 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

OIL INDIA LTD.,DIBRUGARH vs. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE -2, DIBRUGARH

ITA 87/GTY/2010[2007-08]Status: DisposedITAT Guwahati26 Aug 2019AY 2007-08

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DIBRUGARH vs. OIL INDIA LTD., DIBRUGARH

ITA 123/GTY/2008[2006-07]Status: DisposedITAT Guwahati26 Aug 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DIBRUGARH vs. OIL INDIA LTD., DIBRUGARH

ITA 122/GTY/2008[2005-06]Status: DisposedITAT Guwahati26 Aug 2019AY 2005-06

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH. vs. OIL INDIA LTD., DIBRUGARH

ITA 121/GTY/2008[2004-05]Status: DisposedITAT Guwahati26 Aug 2019AY 2004-05

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH. vs. OIL INDIA LTD., DIBRUGARH

ITA 120/GTY/2008[2003-04]Status: DisposedITAT Guwahati26 Aug 2019AY 2003-04

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…Court. The same view has been subsequently followed by the Gauhati High Court in the case of Bongaigaon Refinery & Petrochemicals Ltd. Vs. CIT reported in 274 ITR 379. This view has been supported in catena of judicial decisions. 104 ITR 101 (Cal) at page 104 120 ITR 110 (Cal) at page 120 190 ITR 553 (All) at pages 555 (C) Regarding the assertions of the AO that the undertaking has been formed by transfer of assets, the AR submitted that the assessee has not transferred any plant or machinery which was formerly used by the assessee. In fact, in each Oil Well, only new plant or machinery has been used and construc…

DCIT, CIR-5(2), KOLKATA, KOLKATA vs. M/S BALMER LAWRIE & CO. LTD., KOLKATA

496/Kol/2014

ITA 471/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Sept 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 483/Kol/2014 Assessment Year : 2010-11 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5, Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 496/Kol/2014 Assessment Year : 2010-11 Dcit, Circle-5, Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent) I.T.A No. 421/Kol/2016 Assessment Year : 2011-12 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5(2), Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 471/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-5(2), Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri Sallong Yaden, Addl. CIT, Sr. DR
Section 143(3)Section 36(1)(vii)Section 36(2)

…loss. We find that the reliance placed by the ld AR on the decision of Hon’ble Apex Court in the case of CIT vs Mysore Sugar Co. Ltd reporte din 46 ITR 649 (SC) and the Hon’ble Jurisdictional High Court in the case of CIT vs Rohtas Industries Ltd reported in 120 ITR 110 (Cal) are very well founded, among others. In view of the aforesaid observations and respectfully following the aforesaid judicial precedents, we find no infirmity in the order of the ld CITA granting relief to the assessee in this regard. Accordingly, the Ground No.1 raised by the revenue for Asst Year 2010-11 is dismissed. 3. DEDUCTION U/S 80I…

BALMER LAWRIE & CO. LTD.,KOLKATA vs. DCIT, CIR-5(2), KOLKATA, KOLKATA

496/Kol/2014

ITA 421/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Sept 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 483/Kol/2014 Assessment Year : 2010-11 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5, Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 496/Kol/2014 Assessment Year : 2010-11 Dcit, Circle-5, Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent) I.T.A No. 421/Kol/2016 Assessment Year : 2011-12 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5(2), Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 471/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-5(2), Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri Sallong Yaden, Addl. CIT, Sr. DR
Section 143(3)Section 36(1)(vii)Section 36(2)

…loss. We find that the reliance placed by the ld AR on the decision of Hon’ble Apex Court in the case of CIT vs Mysore Sugar Co. Ltd reporte din 46 ITR 649 (SC) and the Hon’ble Jurisdictional High Court in the case of CIT vs Rohtas Industries Ltd reported in 120 ITR 110 (Cal) are very well founded, among others. In view of the aforesaid observations and respectfully following the aforesaid judicial precedents, we find no infirmity in the order of the ld CITA granting relief to the assessee in this regard. Accordingly, the Ground No.1 raised by the revenue for Asst Year 2010-11 is dismissed. 3. DEDUCTION U/S 80I…

DCIT, CIR-5, KOLKATA, KOLKATA vs. M/S BALMER LAWRIE & CO. LTD., KOLKATA

496/Kol/2014

ITA 496/KOL/2014[2010-2011]Status: DisposedITAT Kolkata05 Sept 2018AY 2010-2011

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 483/Kol/2014 Assessment Year : 2010-11 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5, Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 496/Kol/2014 Assessment Year : 2010-11 Dcit, Circle-5, Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent) I.T.A No. 421/Kol/2016 Assessment Year : 2011-12 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5(2), Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 471/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-5(2), Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri Sallong Yaden, Addl. CIT, Sr. DR
Section 143(3)Section 36(1)(vii)Section 36(2)

…loss. We find that the reliance placed by the ld AR on the decision of Hon’ble Apex Court in the case of CIT vs Mysore Sugar Co. Ltd reporte din 46 ITR 649 (SC) and the Hon’ble Jurisdictional High Court in the case of CIT vs Rohtas Industries Ltd reported in 120 ITR 110 (Cal) are very well founded, among others. In view of the aforesaid observations and respectfully following the aforesaid judicial precedents, we find no infirmity in the order of the ld CITA granting relief to the assessee in this regard. Accordingly, the Ground No.1 raised by the revenue for Asst Year 2010-11 is dismissed. 3. DEDUCTION U/S 80I…

M/S BALMER LAWRIE & CO. LTD.,KOLKATA vs. DCIT, CIR-5, KOLKATA, KOLKATA

496/Kol/2014

ITA 483/KOL/2014[2010-2011]Status: DisposedITAT Kolkata05 Sept 2018AY 2010-2011

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 483/Kol/2014 Assessment Year : 2010-11 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5, Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 496/Kol/2014 Assessment Year : 2010-11 Dcit, Circle-5, Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent) I.T.A No. 421/Kol/2016 Assessment Year : 2011-12 Balmer Lawrie & Co. Ltd. -Vs- Dcit, Circle-5(2), Kolkata [Pan: Aabcb 0984 E ] (Appellant) (Respondent) I.T.A No. 471/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-5(2), Kolkata -Vs- Balmer Lawrie & Co. Ltd. [Pan: Aabcb 0984 E] (Appellant) (Respondent)

For Appellant: Shri J.P. Khaitan, Sr. AdvocateFor Respondent: Shri Sallong Yaden, Addl. CIT, Sr. DR
Section 143(3)Section 36(1)(vii)Section 36(2)

…loss. We find that the reliance placed by the ld AR on the decision of Hon’ble Apex Court in the case of CIT vs Mysore Sugar Co. Ltd reporte din 46 ITR 649 (SC) and the Hon’ble Jurisdictional High Court in the case of CIT vs Rohtas Industries Ltd reported in 120 ITR 110 (Cal) are very well founded, among others. In view of the aforesaid observations and respectfully following the aforesaid judicial precedents, we find no infirmity in the order of the ld CITA granting relief to the assessee in this regard. Accordingly, the Ground No.1 raised by the revenue for Asst Year 2010-11 is dismissed. 3. DEDUCTION U/S 80I…

CIT v. Rohtas Industries Ltd. (120 ITR 110) — Cited in 12 Judgments | BharatTax