CIT v. Sarabhai Management Corpn. Ltd.

192 ITR 151Supreme Court of India1991#2556 most cited

What is CIT v. Sarabhai Management Corpn. Ltd. authority for?

Expenses incurred after a business has been set up but before its actual commencement are allowable as business deductions under section 37 of the Income-tax Act. The Supreme Court clarified that even expenses related to activities at a preparatory stage are admissible.

45

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2013 to 2025.

Also referred to as

CIT v. Sarabhai Management Corpn. Ltd. · 192 ITR 151 · section 37 · business set up · commencement of business · preparatory stage expenses · allowability of expenses · business deduction · pre-commencement expenses · section 143(3) · section 68 · section 133(6)

Issues it is cited on

Judgments citing CIT v. Sarabhai Management Corpn. Ltd.

ACIT, New Delhi vs. M/S. Asf Insignia Sez Pvt. Ltd., New Delhi

Appeal is dismissed

ITA 6732/DEL/2014[2010-11]Status: DisposedITAT Delhi15 Sept 2017AY 2010-11

Bench: Shri O.P. Kant & Shri Amit Shuklain Ita Nos. 6732 & 6733/Del/2014 Assessment Years: 2010-11 & 2011-12 Acit, Circle-3(2), Vs. Asf Insignia Sez Pvt. Ltd. New Delhi (Earlier Known As Canton Buildwell Pvt. Ltd.), 11, Babar Lane, Bengali Market, New Delhi (Applicant) (Respondent) (Pan: Aaccc7148L) Co. No. 194/Del/2015 Assessment Year: 2011-12 Asf Insignia Sez Pvt. Ltd. Vs. Acit, Circle-3(2), (Earlier Known As Canton New Delhi Buildwell Pvt. Ltd.), 11, Babar Lane, Bengali Market, New Delhi (Applicant) (Respondent) (Pan: Aaccc7148L) Revenue By: Shri R.C. Dande, Sr. Dr Assessee By: Ms. Rano Jain, Adovcate Shri Ashish Goel, Ca

For Appellant: Ms. Rano Jain, AdovcateFor Respondent: Shri R.C. Dande, Sr. DR
Section 143(3)

…by the appellant as also the following decisions, which are as under:- Page 4 of 9 (i) CIT vs L.G.Electronics (I) Ltd. 282ITR 545 (DEL). (ii) Western India Vegetable Products Ltd Vs CIT 26ITR 151 (Bom), (Hi) CIT w Sarabhai Management Corvoration Ltd (1991) 192 ITR 151 (SC), (iv) Hushes Excess Communication Ltd. 213 CTR 45 (Delhi) it is seen that the Hon’ble Courts have held that expenditure incurred after the business has been set up may be allowed under section 30 to 37 even if it is incurred before the business has actually commenced and that there is a clear distinction between commencing of business and se…