CIT v. Shri T.P. Textiles (P.) Ltd.

394 ITR 483High Court2017#1561 most cited

What is CIT v. Shri T.P. Textiles (P.) Ltd. authority for?

An assessee is entitled to claim the balance 10% of additional depreciation in the succeeding assessment year if the new plant and machinery were put to use for less than 180 days in the previous year.

73

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2025.

Also referred to as

CIT v. Shri T.P. Textiles · section 32(1)(iia) · additional depreciation · less than 180 days · balance depreciation · succeeding assessment year · Madras High Court

Issues it is cited on

Judgments citing CIT v. Shri T.P. Textiles (P.) Ltd.

Principal Commissioner of Income Tax (Central-1), Kolkata vs. Ramkrishna Forging Ltd

ITAT/49/2020HC Calcutta27 Jul 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Bivas Pattanayak Date : 27Th July, 2022 Appearance : Mr. Tilak Mitra, Adv., ….For Appellant Mr. S.M. Surana, Adv. Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. …For Respondent The Court : This Appeal Filed By Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 13Th February 2019 Passed By The Income Tax Appellate Tribunal “A” Bench, Kolkata In I.T.(Ss).A. No. 09 (Kol) Of 2017 Relating To The A.Y. 2010-2011.. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- (I) Whether On The Facts & Circumstances Of The Case, The Provision For Allowing Additional Depreciation Of Remaining 50% Is Allowable In The Subsequent Year I.E. Assessment Year 2010-11, Although The Statute Allowed The Same W.E.F. 01.04.2016 ? (Ii) Whether On The Facts & Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred On Facts By Not Appreciating The Legal Provisions That Disallowance Of The Claim Of The Remaining Additional

Section 260ASection 32(1)(iia)

…OD - 8 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME TAX) ORIGINAL SIDE ITAT/49/2020 IA NO: GA/2/2020 PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL – 1, KOLKATA VS. RAMKRISHNA FORGING LTD. BEFORE : THE HON’BLE JUSTICE T.S. SIVAGNANAM And THE HON’BLE JUSTICE BIVAS PATTANAYAK Date : 27th July, 2022 Appearance : Mr. Tilak Mitra, Adv., ….for appellant Mr. S.M. Surana, Adv. Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. …for respondent The Court : This appeal filed by revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 13th February 2019 passed by the In…

Tata International Ltd ( for Erstwhile Bachi Shoes Ltd), Vellore vs. ACIT Circle 1, Vellore

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1523/CHNY/2018[2013-14]Status: DisposedITAT Mumbai30 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Tata International Limited V. Acit – Circle – 1 {Erstwhile Bachi Shoes Ltd} No.2, 2Nd Floor No. 147, Sidco Industrial Estate Central Revenue Building Sipcot, Ranipet – 632403 Barracks Cross Street Officers Line, Vellore -632001 (Appellant) (Respondent) Assessee By : Ms. Aastha Shah Department By : Shri Rajesh Damor Date Of Hearing : 02.06.2022 Date Of Pronouncement : 30.06.2022 O R D E R Per S. Rifaur Rahman (Am) 1. This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)–13, Chennai [Hereinafter In Short “Ld.Cit(A)”] Dated 05.03.2018 For The A.Y. 2013-14. 2. Assessee Has Raised Following Grounds In Its Appeal: - “The Appellant Objects To The Commissioner Of Income Tax (Appeals) [Cit(A)'S Order Dismissing The Appeal Against The Assessment Order, For 2013-14 Aly I) Omitting To Reduce The Adjustments Of Rs. 5,69,560 U/S 145A As Per Letter Dated 25.2.2016;

For Appellant: Ms. Aastha ShahFor Respondent: Shri Rajesh Damor
Section 145ASection 32Section 32(1)(ii)Section 32(1)(iia)Section 40

…decided by the Apex Court and Madras High Court. 7. The CIT(A) ought to have followed the binding decisions of the Madras High Court directly on this issue of carry forward of balance Additional Depreciation u/s 32(1)(ii) in CIT vs T.P. Textiles private ltd. 394 ITR 483 (Mad) 3 M/s. Tata International Limited 8. The CIT(A) omitted to decide on the error in giving credit for tax of credit for the TDS of Rs. 19,858 only as against the correct TDS of Rs.27333 and sending the matter back to the AO. On these grounds and on such other grounds as may be put forth at the time of hearing. the appellant prays that the: i…