CIT v. Saravana Spinning Mills Ltd.

293 ITR 201Supreme Court of India2007#984 most cited

What is CIT v. Saravana Spinning Mills Ltd. authority for?

Expenditure for replacement of machinery parts qualifies as 'current repairs' under Section 31(i) of the Income-tax Act if it does not result in a new asset or substantially enhance the existing asset's life. For Section 31(i), the critical factor is whether the expense constitutes current repairs, making the general revenue vs. capital distinction less relevant for that specific section.

109

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Saravana Spinning Mills (P) Ltd. · 293 ITR 201 · Section 31(i) Income Tax Act · current repairs · revenue expenditure · capital expenditure · replacement of machinery parts · new asset creation · enhancement of life · deductibility of repairs · Section 32 · business income deduction

Sections most often in play

Section 143(3)Section 32Section 115JBSection 133(6)Section 154Section 31Section 37Section 40A(2)
Read the full judgment

Issues it is cited on

section 31enduring benefitrevenue expenditurecapital expenditureprevious yeartransfersection 143companybusinessprescribedsection 143(3)india

Judgments citing CIT v. Saravana Spinning Mills Ltd.

Ramabagh Palace Hotels Pvt. Ltd, New Delhi vs. ITO, New Delhi

In the result disallowance made by Ld

ITA 3605/DEL/2009[2006-07]Status: DisposedITAT Delhi18 Apr 2017AY 2006-07

Bench: Shri H.S.Sidhu & Shri Prashant Maharishirambagh Palace Hotels Pvt. Ltd, Vs. Ito, C/O Pricewater House Coopers Ward-15(2), Pvt. Ltd, New Delhi Sucheta Bhawan, (Gate No. 2, 3Rd Floor) 11-A, New Delhi Pan:Aaach6899P (Appellant) (Respondent) Addll. Cit, Vs. Rambagh Palace Hotels Pvt. Ltd, Range- 15(1), Cr Building, C/O Pricewater House Coopers Pvt. New Delhi Ltd, Sucheta Bhawan, (Gate No. 2, 3Rd Floor) 11-A, New Delhi Pan:Aaach6899P (Appellant) (Respondent) Rambagh Palace Hotels Pvt. Ltd, Vs. Dcit C/O Pricewater House Coopers Ward-15(1), Pvt. Ltd, New Delhi Sucheta Bhawan, (Gate No. 2, 3Rd Floor) 11-A, New Delhi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri FR Meena, Sr. DR
Section 143(3)

…d on several case laws to substantiate his viewpoint: • Ballimal Naval Kishore And Another vs Commissioner of Income Tax (224 ITR 414) • New Shorrock Spinning And Manufacturing Company Limited. Vs CIT (30 ITR 338) • CIT vs Saravana Spinning Mills P. Limited. (293 ITR 201) (Supreme Court) • Humayun Properties Limited, vs. CIT (44 ITR 73) • Asian Hotels Limited, vs DCIT (104 TTJ 921) (ITAT Delhi) • Liberty Cinema, vs CIT (52 ITR 153) (Calcutta High Court) • CIT Vs Glen View Rubber Company P. Limited. 291 ITR 1 KERALA High Court • K. T. M. T. M. Abdul Kayoom And Another, vs CIT 44 ITR 689(SC) • Alembic Chemical Work…

K.P.R.Spinning Mills (P) Ltd., Chennai vs. ITO, Coimbatore

In the result, the appeal of the assessee stands allowed

ITA 1873/CHNY/2016[2005-06]Status: DisposedITAT Chennai14 Feb 2017AY 2005-06

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita No. 1873/Mds/2016 िनधा"रण वष" / Assessment Year : 2005 - 06 M/S. K.P.R. Spinning Mills (P) Ltd., The Income Tax Officer, (Now Known As M/S. K.P.R. Mill V. Company Ward – 1, Limited), Coimbatore. 9, A.K.S. Nagar, Thadagam Road, Coimbatore. Pan : Aabck5208N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Shiva Srinivas, Jcit सुनवाई क" तारीख/Date Of Hearing : 19.01.2017 घोषणा क" तारीख/Date Of Pronouncement : 14.02.2017 आदेश /O R D E R

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri Shiva Srinivas, JCIT
Section 37

…e machinery, the Madras High Court in the case of Karthikeya Spinning & Weaving Mills Ltd., 265 ITR 285, found that the expenditure cannot be termed as capital in nature. Referring to the judgment of the Apex court in Saravana Spinning Mills P. Ltd (2007), 293 ITR 201, the Ld. counsel submitted that the judgment of the Apex Court in Saravana Spinning Mills is squarely applicable to the facts of this case. According to the Ld. counsel, the assessee claims the expenditure as current repair for the purpose of maintaining the spinning mill as such in a working condition. If it could not be allowed as current repa…

Hindustan Ice Cold Storage Co Ltd, Kolkata vs. D.C.I.T, Cir- 8, Kolkata.

In the result, appeal filed by the assessee is allowed

ITA 203/KOL/2013[2006-07]Status: DisposedITAT Kolkata21 Dec 2016AY 2006-07

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.203/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007) Hindusthan Ice & Cold Vs. Dcit, Circle-8, Kolkata Storage Limited, Aayakar Bhavan, P-7, C/O D.J.Shah & Co., Chowringhee Square, Kalyan Bhavan, Kolkata-69 2 Elgin Road, Kolkata-20 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaach 6265 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri Miraj D. Shah, A/R Revenue By : Md. Ghayas Uddin, Jcit, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 07/12/2016 घोषणा क" तार"ख/Date Of Pronouncement 21/12/2016 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2006-2007, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-Xxxii, Kolkata In Appeal No.32/Xxxii/11-12/R&T/Cir-8/Kol, Dated 07.11.2012, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (In Short The ‘Act’), Dated 28.11.2008. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its The Return Of Income On 27.11.2006 Declaring Total Income Of Rs.16,45,711/- For The Assessment Year 2006-07. The Case Was Selected For Scrutiny U/S. 143(3) Of The Act & The Ao Has Completed The Assessment By Making The Addition On Account Of Revenue Expenditure Claimed By The Assessee In Respect Of Repairs & Replacement Of Block Hindusthan Ice & Cold Storage Co. Ltd.

For Appellant: Shri Miraj D. Shah, A/RFor Respondent: Md. Ghayas Uddin, JCIT, Sr. DR
Section 143(3)

…td., [1989] 177 ITR 377; ii) Assam Bengal Cement Companies Ltd. [1955] 27 ITR 34 iii) Associated Cement Companies ltd. [1988] 172 ITR 257 iv) Empire Jute Co. Ltd. [1980] 124 ITR 1(SC) v) Tea Estate P. Ltd. [1992] 198 ITR 535 (Cal) Saravana Spt. Mills (P) Ltd. 293 ITR 201 vi) 5.2 On the other hand, Ld. DR for the revenue has primarily reiterated the stand taken by the AO, which we have already noted in our earlier paragraphs and the same is not being repeated for the sake of brevity. 5.3. Having heard the rival submissions, perused the material available on record, we are of the view that there is merit in th…

Sai Om Developers P.Ltd, Mumbai vs. ITO WD 10(2)(2), Mumbai

In the result, appeal for A

ITA 1962/MUM/2015[2010-11]Status: DisposedITAT Mumbai21 Dec 2016AY 2010-11

Bench: Shri Mahavir Singh () & Shri Ashwani Taneja ()

Section 143(3)

…ay in the case of CIT v. HEDE Consultancy (P) Ltd. - 258 ITR 380 2. Decision of ITAT Kolkata Special Bench in the case of Peerless Securities Ltd. v. JCIT - 93 TT J 325 3. Decision of Supreme Court of India in the case of CIT v. Saravana Spg. Mills (P) Ltd. - 293 ITR 201 4. Decision of High Court of Delhi in the case of CIT v.Indian Visit.com (P) Ltd - 219 CTR 603 5. Decision of High Court of Delhi in the case of International Airports Authority of India v. CIT - 303 ITR 433 6. Decision of Supreme Court in the case of Empire Jute Co. Ltd. v. CIT - 124 ITR 1 7. Decision of ITAT Delhi Bench in the case of Honda Sie…

Sarang & Associates, Mumbai vs. DCIT Cen Cir 36, Mumbai

In the result, the appeal of the assessee is allowed

ITA 1961/MUM/2015[2011-12]Status: DisposedITAT Mumbai24 Nov 2016AY 2011-12

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am M/S Sarang & Associates, Dy. Commissioner Of Income 302, Shabnam Apartment, 33, Tax, Central Circle-36, S.V. Road, Andheri (W), Vs. Mumbai. Mumbai-58 Pan No.Aafs0638J .. Appellant Respondent Assessee By .. Shri. Piyush Chhajed, Ar .. Revenue By Miss. Arju Garodia, Dr Date Of Hearing .. 24-11-2016 .. Date Of Pronouncement 24-11-2016 O R D E R Per Mahavir Singh, Jm:

Section 143(3)Section 30

…e & anr. v. UT 224 JTR 414 (' . "Current repairs" denotes repairs which are attended to when the need for them arises. Object of the expenditure must not be to bring a new asset into existence or obtain a new advantage [CIT V Sara vana Spinning Mills (F) Ltd. 293 ITR 201 (SC)}. 3 Replacement amounts to bringing into existence a new asset and also an enduring benefit for the assessee [315 IT!? 114 (SC) and 364 HR 461 (Del)]. In light of the aforesaid legal position, it is clear that the expenses incurred by the appellant for replacement of existing ACP and providing structural glazing works with reflected and tou…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…o MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page 340 of 484 31(1) or section 37(1) of the Act as has also been held in following cases: (i) CIT vs Saravana Spinning Mills (P) Ltd.: 293 ITR 201 (SC) (ii) Ramaraju Surgical Cotton Mills: 294 ITR 328 (SC) (iii) CIT v. Sagar Talkies Ltd.: 325 ITR 133 (Kar) (iv) CIT vs Sree Ayyanar Spinning and Weaving Mills Ltd.: 211 Taxmann 534 (SC) (v) CIT vs. Co-operative Sugars Ltd. 235 ITR 343 (Ker.) (vi) CIT vs. Udaipur Distillary Co. Ltd. (No. 3) 268 ITR 451 (Raj.) (vii) B and A Plantations and Indus…

M/S Nagreeka Exports Limited, Kolkata vs. A.D.I.T RG - 6, Kolkata

In the result, both the appeals filed by the assessee and revenue on this issue are dismissed

ITA 455/KOL/2013[2008-2009]Status: DisposedITAT Kolkata03 Aug 2016AY 2008-2009

Bench: Shri N.V.Vasudevan, J.M. &Dr.A.L.Saini, A.M.)

For Appellant: Shri S.D. Verma, AdvocateFor Respondent: Shri G. Mallikarjuna, CIT,DR
Section 143(1)Section 143(3)Section 14ASection 37(1)

…efore, the expenditure incurred for replacement of the new machine would not come within the meaning of the works `current repairs`. He has also relied upon two decisions of the Hon`ble Supreme Court in the case of M/s Saravana Spinning Mills Pvt. Ltd. [2007] 293 ITR 201 and M/s Sri mangayarkarasi Mills (P) Ltd [2009] 315 ITR 114 (SC) which support the view of the Assessing Officer. The Assessing Officer also noted that on the similar set of facts, the Hon`ble ITAT has upheld the action of the assessing officer in treating M/s. Nagreeka Exports Ltd. the expenditure incurred by the assessee as a capital in the ass…

DCIT, New Delhi vs. M/S Ikea Trading (India) P Ltd., New Delhi

In the result, appeal of the revenue is dismissed

ITA 5393/DEL/2010[2005-06]Status: DisposedITAT Delhi02 Jun 2016AY 2005-06

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

For Appellant: S/Shri Salil KapoorFor Respondent: Shri T. Vasanthan, Sr DR

…the order of LD CIT (A) and details of expenditure shown to us, we are not inclined to uphold that these expenditure are of capital in nature. The contention of the revenue that Hon’ble Supreme Court has held in CIT vs. M/s. Saravana Spinning Mills Pvt. Ltd. 293 ITR 201 pleading that the most of the expenditure are not in the nature of current repair 10 20x5 expenditure but accumulated repairs so even though the expenditure is revenue in nature, same is not allowable. We find that the reliance on this decision by the revenue is misplaced as in that case, Hon’ble Supreme Court was concerned about the modernisat…

DCIT, Chennai vs. Cholamandalam Investment and Finance Company Limited, Chennai

In the result, the appeal of the Revenue in ITA

ITA 1431/CHNY/2014[2001-02]Status: DisposedITAT Chennai28 Apr 2016AY 2001-02

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. Milind S. Kothari, C.AFor Respondent: Shri. Madhukar Bhusari, CIT
Section 139Section 139(5)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…wooden structures nor allowed as repairs and need only to be capitalized and relied on the following case laws :- 1.M/s. Indian Metal & Metallurgical Ltd (141 ITR 40) 2.Mls. Empire Jute Mills 124 ITR 1 (SC) 3. CIt vs. Saravana Spinning Mills Private Limited (293 ITR 201) (SC) 4. Bigjo's Indha Lld vs. CIT (2931TR 170) The Assessing Officer treated the wooden partition, interior works in renovation and improvement in the leased premises and also no proof of lease period was provided and the expenditure has been incurred for the improvement for leasehold properties to get a new advantage and Assessing Officer d…

Cholamandalam Investment and Finance Company Limited, Chennai vs. ACIT, Chennai

In the result, the appeal of the Revenue in ITA

ITA 1180/CHNY/2014[2005-06]Status: DisposedITAT Chennai28 Apr 2016AY 2005-06

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

For Appellant: Shri. Milind S. Kothari, C.AFor Respondent: Shri. Madhukar Bhusari, CIT
Section 139Section 139(5)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

…wooden structures nor allowed as repairs and need only to be capitalized and relied on the following case laws :- 1.M/s. Indian Metal & Metallurgical Ltd (141 ITR 40) 2.Mls. Empire Jute Mills 124 ITR 1 (SC) 3. CIt vs. Saravana Spinning Mills Private Limited (293 ITR 201) (SC) 4. Bigjo's Indha Lld vs. CIT (2931TR 170) The Assessing Officer treated the wooden partition, interior works in renovation and improvement in the leased premises and also no proof of lease period was provided and the expenditure has been incurred for the improvement for leasehold properties to get a new advantage and Assessing Officer d…

Watertec (India) Private Limited, Coimbatore vs. DCIT, Coimbatore

In the result, the appeal of the assessee is allowed

ITA 134/CHNY/2016[2009-10]Status: DisposedITAT Chennai22 Apr 2016AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No. 134/Mds/2016 "नधा"रण वष" / Assessment Year : 2009-10 M/S Watertec (India) Pvt. Ltd., The Deputy Commissioner Of (Formerly Watertec Systems V. Income Tax, (India) Private Limited), Corporate Circle – 1, Gopal Bagh, 1060, Avinashi Road, Coimbatore. Coimbatore – 641 018. Pan : Aaacw 1645 G (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Sh. R. Vijayaraghavan, AdvocateFor Respondent: Sh. A.B. Koli, JCIT
Section 148Section 31

…ised return, the assessee has 4 I.T.A. No.134/Mds/16 claimed the same at the rate of 100%. Therefore, the Assessing Officer reopened the assessment after issuing notice under Section 148 of the Act. According to the Ld. D.R., replacement of molds in (2007) 293 ITR 201. A similar view was taken by the Apex Court in CIT v. Sri Mangayarkarasi Mills P. Ltd. (2009) 315 ITR 114. According to the Ld. D.R., the basic test is whether the expenditure was incurred to preserve and maintain an already existing plant and machinery. In this case, according to the Ld. D.R., it is not a repair of the machinery, it is a repla…

DCIT, New Delhi vs. M/S. C.B. Richard Ellis South Asia Pvt. Ltd., New Delhi

In the result, both the appeals filed by the revenue are dismissed

ITA 775/DEL/2013[2008-09]Status: DisposedITAT Delhi07 Mar 2016AY 2008-09

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

For Appellant: S/Shri Gautam Jain and Piyush Kumar Kamal, AdvocatesFor Respondent: Shri B.R.R. Kumar, Senior DR
Section 143(1)Section 143(3)Section 14ASection 32Section 36(1)(ii)

…ression “repairs” and the expression “current repairs”. It is obvious that the word “repairs” is much wider than the expression “current repairs”. This fact has also been taken note of by the Supreme Court in the case of Saravana Spinning Mills P. Ltd. [2007] 293 ITR 201. The expression “current repairs” is much more restricted than the word “repairs” because the latter is qualified by the word “current”. What the assessee has done in the present case has been construed to be repairs by the Tribunal as a finding of fact. It has not brought about any new asset and more importantly it was not the intention of the a…

ACIT, New Delhi vs. M/S. Cb Richard Ellis South Asia Pvt. Ltd., New Delhi

In the result, both the appeals filed by the revenue are dismissed

ITA 709/DEL/2012[2007-08]Status: DisposedITAT Delhi07 Mar 2016AY 2007-08

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

For Appellant: S/Shri Gautam Jain and Piyush Kumar Kamal, AdvocatesFor Respondent: Shri B.R.R. Kumar, Senior DR
Section 143(1)Section 143(3)Section 14ASection 32Section 36(1)(ii)

…ression “repairs” and the expression “current repairs”. It is obvious that the word “repairs” is much wider than the expression “current repairs”. This fact has also been taken note of by the Supreme Court in the case of Saravana Spinning Mills P. Ltd. [2007] 293 ITR 201. The expression “current repairs” is much more restricted than the word “repairs” because the latter is qualified by the word “current”. What the assessee has done in the present case has been construed to be repairs by the Tribunal as a finding of fact. It has not brought about any new asset and more importantly it was not the intention of the a…

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

…val 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 ITR 201 and in CIT v. Ramaraju Surgical Cotton Mills (2007) 294 ITR 328. The Apex Court held that (supra) and Ramaraju Surgical Cotton Mills (supra). Since both the 15 I.T.A. No.1689/Mds/2000 judgments of Apex Court were not considered by the lower authorities, this Tribunal is of the considered opinion that the matter needs to be reconsidered in the l…

Apigee Technologies (India) Pvt. Ltd vs. JCIT

In the result, the appeal is partly allowed

ITA 870/BANG/2013[2008-09]Status: DisposedITAT Bangalore23 Sept 2015AY 2008-09

Bench: Smt. Asha Vijayaraghavan & Shri Abraham P. George

For Appellant: Shri Pravin Kishore Prasad, CAFor Respondent: Shri P.K. Srihari, Addl. CIT(DR)
Section 10ASection 143(3)Section 92C

…s a spare part Page 14 of 16 which had to be replaced and is in the revenue field. The ld. DR opposed the contention of the ld. counsel for the assessee and relied on the decision of the Hon’ble Supreme Court in the case of CIT v. Sharavana Spinning Mills, 293 ITR 201. 22. We have heard both the parties. Firstly, we are of the opinion that the CIT(Appeals) has passed an ex parte order and had no opportunity to go through the cost of computer consumables disallowed by the AO. Relying on the decision of Southern Roadways, 304 ITR 84 and APL India v. ACIT, ITA No.5619/MUM/2009, we are of the opinion that RAM is…

Commissioner of Income Tax –II vs. Modi Rubber Ltd

The appeal is disposed of in the above terms but in the facts and

ITA/259/2014HC Delhi04 Aug 2015
Section 143Section 260ASection 43Section 43B

…ssee however, failed to do so. 21. Turning to the decisions on when the cost of import of an equipment could be treated as 'repairs and maintenance', and therefore whether of a capital or revenue nature, in CIT v. Saravana Spg. Mills (P) Limited (2007) 293 ITR 201 the Supreme Court was dealing with the issue whether a ring frame in a textile mill was an „independent and separate machine‟. It was held that each machine in a textile mill may be part of the integrated process of manufacture of yarn and integrally connected to the other machines in the mill for production of the final product. However, su…

ACIT, Chennai vs. M/S. Neyveli Lignite Corporation Ltd., Neyveli

In the result, the Revenue’s appeals in ITA Nos

ITA 222/CHNY/2009[2000-01]Status: DisposedITAT Chennai26 Jun 2015AY 2000-01

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…for its use is replaced by something which makes it possible for the existing set up to function efficiently, the cost incurred on such replacement would be revenue expenditure." The Commissioner of Income-tax Vs. M/s. Saravana Spinning Mills Pvt. Ltd.[2007] 293 ITR 201(SC); [ 2007] 10 JT 111(SC), I.T.A.No. 374/04, 529/06, 222/09, :- 9 -: 782/05 & 177/09. while interpreting the words "current repairs" in Section 31 of the Income-tax Act, it has been held as follows (page 208):- ".......... If an autoleveler is to be repaired then that repair would come within the connotation of the word "current repairs" beca…

M/S. Neyveli Lignite Corporationlimited, Neyveli vs. ACIT, Chennai

In the result, the Revenue’s appeals in ITA Nos

ITA 177/CHNY/2009[2001-02]Status: DisposedITAT Chennai26 Jun 2015AY 2001-02

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…for its use is replaced by something which makes it possible for the existing set up to function efficiently, the cost incurred on such replacement would be revenue expenditure." The Commissioner of Income-tax Vs. M/s. Saravana Spinning Mills Pvt. Ltd.[2007] 293 ITR 201(SC); [ 2007] 10 JT 111(SC), I.T.A.No. 374/04, 529/06, 222/09, :- 9 -: 782/05 & 177/09. while interpreting the words "current repairs" in Section 31 of the Income-tax Act, it has been held as follows (page 208):- ".......... If an autoleveler is to be repaired then that repair would come within the connotation of the word "current repairs" beca…

ACIT, Chennai vs. M/S. Neyveli Lignite Corporation Limited, Neyveli

In the result, the Revenue’s appeals in ITA Nos

ITA 529/CHNY/2006[2002-03]Status: DisposedITAT Chennai26 Jun 2015AY 2002-03

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…for its use is replaced by something which makes it possible for the existing set up to function efficiently, the cost incurred on such replacement would be revenue expenditure." The Commissioner of Income-tax Vs. M/s. Saravana Spinning Mills Pvt. Ltd.[2007] 293 ITR 201(SC); [ 2007] 10 JT 111(SC), I.T.A.No. 374/04, 529/06, 222/09, :- 9 -: 782/05 & 177/09. while interpreting the words "current repairs" in Section 31 of the Income-tax Act, it has been held as follows (page 208):- ".......... If an autoleveler is to be repaired then that repair would come within the connotation of the word "current repairs" beca…

M/S. Neyveli Lignite Corporation Limited, Neyveli vs. ITO, Cuddalore

In the result, the Revenue’s appeals in ITA Nos

ITA 782/CHNY/2005[-]Status: DisposedITAT Chennai26 Jun 2015

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…for its use is replaced by something which makes it possible for the existing set up to function efficiently, the cost incurred on such replacement would be revenue expenditure." The Commissioner of Income-tax Vs. M/s. Saravana Spinning Mills Pvt. Ltd.[2007] 293 ITR 201(SC); [ 2007] 10 JT 111(SC), I.T.A.No. 374/04, 529/06, 222/09, :- 9 -: 782/05 & 177/09. while interpreting the words "current repairs" in Section 31 of the Income-tax Act, it has been held as follows (page 208):- ".......... If an autoleveler is to be repaired then that repair would come within the connotation of the word "current repairs" beca…