CIT v. Southern Switchgear Ltd.

148 ITR 273High Court1984#14985 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2023.

Judgments citing CIT v. Southern Switchgear Ltd.

DIC INDIA LTD.,,KOLKATA vs. DCIT, CIRCLE - 10(1), , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2084/KOL/2018[2014-15]Status: DisposedITAT Kolkata04 Jan 2023AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 2084/Kol/2018 Assessment Year: 2014-2015 Dic India Limited,..................................Appellant Transport Depot Road, Kolkata-700088 [Pan: Aabcc0703C] -Vs.- Deputy Commissioner Of Income Tax,......Respondent Circle-10(1), Aayakarbhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Akkaldudhwewala, A.R., Appeared On Behalf Of The Assessee Shri Hukumasema, Cit, Appeared On Behalf Of The Revenue

Section 144CSection 144C(5)

…thus, allowed. The aforesaid decision of Hon‟ble Calcutta High Court is squarely applicable to the facts of the instant case on merits. We find that the decision of the Hon'ble Madras High Court in the case of CIT vs Southern Switchgear Ltdreported in (1984) 148 ITR 273 (Mad) does not come to the rescue of the revenue as in that case, it was categorically found that in addition to the acquisition of technical knowledge, the assessee company got an exclusive right to manufacture and sell its articles without any objection from anyone including the foreign company and this is clearly an advantage of enduring natur…

NEFAB INDIA P.LTD,GURGAON vs. DCIT, CIRCLE-3(1), GURGAON

In the result, the appeal of the assessee is allowed

ITA 1338/DEL/2018[2014-15]Status: DisposedITAT Delhi31 Mar 2022AY 2014-15

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri S.K. Aggarwal, CAFor Respondent: Shri Bhopal Singh, Sr.D.R

Section 143(3)Section 32

…fits accruing to the assessee. 6.1 In this factual backdrop, ld. counsel for the assessee submitted that the CIT(A) has wrongly applied the ratio of I.T.A. No.1338/DEL/2018 4 decision of Hon’ble Supreme Court in the case of CIT vs. Southern Switchgear Ltd., 148 ITR 273 (Mad) without any delineation on its applicability to the facts of the case. 6.2 Ld. Counsel essentially contended that; (i) the assessee has only right to use the technical know-how till the time, the license is in force; (ii) technical know-how is used to improve the existing business which is already set up and not to set up a new business;…

DCIT, CIRCLE-10(1), KOLKATA, KOLKATA vs. M/S. DIC INDIA LTD, KOLKATA

In the result, both the appeals of the Revenue are partly allowed

ITA 1363/KOL/2017[2011-12]Status: DisposedITAT Kolkata03 May 2019AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 14ASection 28Section 36(1)(vii)Section 43B

…the question has to be answered in the affirmative and in favour of the assessee. 12. The appeal is thus allowed.’ 12. The revenue had placed reliance on the decision of the Hon’ble Madras High Court in the case of CIT vs Southern Switchgear Ltd. reported in 148 ITR 273 (Mds.). That was distinguished by the tribunal in the following words: ‘We find that the decision of the Hon’ble Madras High Court in the case of CIT vs Southern Switchgear Ltd. reported in (1984) 148 ITR 273 (Mad) does not come to the rescue of the revenue as in that case, it was categorically found that in addition to the acquisition of technic…

DCIT, CIRCLE-10(1), KOLKATA, KOLKATA vs. M/S. DIC INDIA LTD, KOLKATA

In the result, both the appeals of the Revenue are partly allowed

ITA 1362/KOL/2017[2010-11]Status: DisposedITAT Kolkata03 May 2019AY 2010-11

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 14ASection 28Section 36(1)(vii)Section 43B

DIC INDIA LTD,KOLKATA vs. DCIT, CIRCLE-10(1), KOLKATA, KOLKATA

In the result the appeal of the assessee is partly allowed

ITA 552/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Feb 2018AY 2012-13

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.A.L.Saini, Am] I.T.A No. 552/Kol/2017 Assessment Year : 2012-13 D.I.C.India Ltd. -Vs.- D.C.I.T., Circle-10 (1) Kolkata Kolkata [Pan : Aabcc 0703C] (Respondent) (Appellant) For The Appellant : Shri Akkal Dudhwewala, C.A.(Ar) For The Respondent : Shri G.Mallikarjuna, Cit, (Dr) Date Of Hearing : 07.02.2018. Date Of Pronouncement : 14.02.2018

For Appellant: Shri Akkal Dudhwewala, C.A.(AR)For Respondent: Shri G.Mallikarjuna, CIT, (DR)

Section 144CSection 28Section 36(1)Section 36(1)(vii)Section 43B

…the question has to be answered in the affirmative and in favour of the assessee. 12. The appeal is thus allowed.” 12. The revenue had placed reliance on the decision of the Hon’ble Madras High Court in the case of CIT vs Southern Switchgear Ltd reported in 148 ITR 273 (Mds). That was distinguished by the tribunal in the following words : “We find that the decision of the Hon 'ble Madras High Court in the case of CIT vs Southern Switchgear Ltd reported in (1984) 14'8 ITR 273 (Mad) does not come to the rescue of the revenue as in that case, it was categorically found that in addition to the acquisition of techni…

DCI INDIA LTD.,KOLKATA vs. DCIT,CIR-10(1) KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 126/KOL/2017[2010-2011]Status: DisposedITAT Kolkata05 Apr 2017AY 2010-2011

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T. A.No. 126 /Kol/2017 Assessment Years: 2010-11 Dic India Ltd. Dcit, Cir-10(1), Kolkata -Vs- [Pan :Aabbcc0703C] (Appellant) (Respondent) For The Appellant Sri D. S. Damle, Fca Sri G. Mallikarjuna, Cit, Dr. For The Respondent Date Of Hearing 22.03.2017 Date Of Pronouncement 05.04.2017

Section 143(3)Section 144CSection 263Section 92E

…ion in CIBA India Ltd supra dealt only with FTS and not royalty. Hence the reliance on the said decision is misplaced. He in turn placed reliance on the decision of the Hon’ble Madras High Court in the case of CIT vs Southern Switchgear Ltd reported in (1984) 148 ITR 273 (Mad) in support of his contention. 9. We have heard the rival submissions and perused the materials available on record including the paper book filed by the assessee. We find Coates of India Limited was the erstwhile name of DIC India Limited (assessee herein) . We find from the technical collaboration agreement entered into between assessee a…