CIT v. T.S.Hajee Moosa &amp; Co.

ITA 327/BANG/2022[2012-13]Status: DisposedITAT Bangalore07 Oct 2022AY 2012-13

…quantum of expenditure — The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualify for deduction CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. Vs CIT(Kar) 166 ITR 836; Siddho Mal & Sons Vs ITO (Del) 122 ITR 839. • Burden on assessee to prove that expenses were laid out wholly and exclusively for purposes of business. The words "Expenditure incurred" used in 37 relates to expenditure incurred wholly and exclusively for purposes of business. Goodlas Nerolac Paints L…

Wilfred D'Souza, Mangaluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Mangaluru

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Smt. S. Praveena, D.R

ITA 326/BANG/2022[2011-12]Status: DisposedITAT Bangalore07 Oct 2022AY 2011-12

…quantum of expenditure — The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualify for deduction CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. Vs CIT(Kar) 166 ITR 836; Siddho Mal & Sons Vs ITO (Del) 122 ITR 839. • Burden on assessee to prove that expenses were laid out wholly and exclusively for purposes of business. The words "Expenditure incurred" used in 37 relates to expenditure incurred wholly and exclusively for purposes of business. Goodlas Nerolac Paints L…

Wilfred D'Souza, Mangaluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Mangaluru

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Smt. S. Praveena, D.R

ITA 325/BANG/2022[2010-11]Status: DisposedITAT Bangalore07 Oct 2022AY 2010-11

…quantum of expenditure — The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualify for deduction CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. Vs CIT(Kar) 166 ITR 836; Siddho Mal & Sons Vs ITO (Del) 122 ITR 839. • Burden on assessee to prove that expenses were laid out wholly and exclusively for purposes of business. The words "Expenditure incurred" used in 37 relates to expenditure incurred wholly and exclusively for purposes of business. Goodlas Nerolac Paints L…

Wilfred D'Souza, Mangaluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Mangaluru

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Smt. S. Praveena, D.R

ITA 324/BANG/2022[2009-10]Status: DisposedITAT Bangalore07 Oct 2022AY 2009-10

…quantum of expenditure — The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualify for deduction CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. Vs CIT(Kar) 166 ITR 836; Siddho Mal & Sons Vs ITO (Del) 122 ITR 839. • Burden on assessee to prove that expenses were laid out wholly and exclusively for purposes of business. The words "Expenditure incurred" used in 37 relates to expenditure incurred wholly and exclusively for purposes of business. Goodlas Nerolac Paints L…

Wilfred D'Souza, Mangaluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Mangaluru

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Smt. S. Praveena, D.R

ITA 323/BANG/2022[2008-09]Status: DisposedITAT Bangalore07 Oct 2022AY 2008-09

…quantum of expenditure — The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualify for deduction CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. Vs CIT(Kar) 166 ITR 836; Siddho Mal & Sons Vs ITO (Del) 122 ITR 839. • Burden on assessee to prove that expenses were laid out wholly and exclusively for purposes of business. The words "Expenditure incurred" used in 37 relates to expenditure incurred wholly and exclusively for purposes of business. Goodlas Nerolac Paints L…

Wilfred D'Souza, Mangaluru vs. Assistant Commissioner of Income Tax, Central Circle-2, Mangaluru

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Smt. S. Praveena, D.R

ITA 6435/DEL/2019[2016-17]Status: DisposedITAT Delhi08 Jul 2022AY 2016-17

…quantum of expenditure — The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualify for deduction CITVs T.S. HajeeMoosa& Co. (Mad) 153 ITR 422; Mysore Kirloskar Ltd. Vs CIT(Kar) 166 ITR 836; Siddho Mal & Sons Vs ITO (Del) 122 ITR 839. • Burden on assessee to prove that expenses were laid out wholly and exclusively for purposes of business. The words "Expenditure incurred" used in 37 relates to expenditure incurred wholly and exclusively for purposes of business. Goodlas Nerolac Paints L…

Addl. CIT, Special Range- 4, New Delhi vs. Garg Acrylics Ltd., New Delhi

In the result, the appeal of the Revenue is partly allowed

For Appellant: NoneFor Respondent: Ms. Sangeeta Yadav, Sr. DR

Section 2(24)Section 36(1)(va)Section 43B

…of expenses, the same cannot be allowed as such. Onus is on the assessee to prove that, these expenses have been incurred wholly and exclusively for the purposes of the business. Same view has been supported in the case of CIT vs T.S. Hajee Moosa & Co. (Mad.) 153 ITR 422, Mysore Kirloskar Ltd. Vs CIT (Kar) 166 ITR 836, Siddho Mal & Sons vs. ITO (Del) 122 ITR 8391 wherein it has been held that:- The adverb ‘wholly' in the phrase ‘laid out or expended .....for business' refers to the quantum of expenditure. The adverb 'exclusively' has reference to the object or motive of the act behind the expenditure. Unless such…

T.V.Sundaram Iyengar & Sons Ltd., Madurai vs. ACIT Corporate Circle 2, Madurai

In the result, appeals filed by the assessee in ITA Nos

ITA 2761/CHNY/2019[2014-15]Status: DisposedITAT Chennai22 Jun 2022AY 2014-15

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manoj Kumar Aggarwal, Hon’Ble

For Appellant: Mr.N.V.Balaji, AdvFor Respondent: Mr.Varuvooru Sreedhar

ITA 2760/CHNY/2019[2013-14]Status: DisposedITAT Chennai22 Jun 2022AY 2013-14

…ses or for the purpose of business of the assessee and accordingly, following the decision of the Hon’ble Madras High Court in the case of D.B. madan v. CIT, reported in (Mad) 261 ITR 193 and also in the case of CIT v. T.S.Hajee Moosa & Co., reported in (Mad) 153 ITR 422, disallowed the claim of the assessee by the AO. The Ld.CIT(A) also confirmed the action of the AO by following his predecessor order for the AY 2011-12 in ITA No.0117/2014-15, wherein, the foreign travel expenses of Director of assessee’s sister Ms.Anitha Raajyalaxmi Ratnam, was confirmed. Aggrieved the assessee is in appeal before the Tribuna…

T.V.Sundaram Iyengar & Sons Ltd., Madurai vs. ACIT Corporate Circle 2, Madurai

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manoj Kumar Aggarwal, Hon’Ble

For Appellant: Mr.N.V.Balaji, AdvFor Respondent: Mr.Varuvooru Sreedhar

ITA 2759/CHNY/2019[2012-13]Status: DisposedITAT Chennai22 Jun 2022AY 2012-13

…ses or for the purpose of business of the assessee and accordingly, following the decision of the Hon’ble Madras High Court in the case of D.B. madan v. CIT, reported in (Mad) 261 ITR 193 and also in the case of CIT v. T.S.Hajee Moosa & Co., reported in (Mad) 153 ITR 422, disallowed the claim of the assessee by the AO. The Ld.CIT(A) also confirmed the action of the AO by following his predecessor order for the AY 2011-12 in ITA No.0117/2014-15, wherein, the foreign travel expenses of Director of assessee’s sister Ms.Anitha Raajyalaxmi Ratnam, was confirmed. Aggrieved the assessee is in appeal before the Tribuna…

T.V.Sundaram Iyengar & Sons Ltd., Madurai vs. ACIT Corporate Circle 2, Madurai

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manoj Kumar Aggarwal, Hon’Ble

For Appellant: Mr.N.V.Balaji, AdvFor Respondent: Mr.Varuvooru Sreedhar

ITA 2758/CHNY/2019[2010-11]Status: DisposedITAT Chennai22 Jun 2022AY 2010-11

…ses or for the purpose of business of the assessee and accordingly, following the decision of the Hon’ble Madras High Court in the case of D.B. madan v. CIT, reported in (Mad) 261 ITR 193 and also in the case of CIT v. T.S.Hajee Moosa & Co., reported in (Mad) 153 ITR 422, disallowed the claim of the assessee by the AO. The Ld.CIT(A) also confirmed the action of the AO by following his predecessor order for the AY 2011-12 in ITA No.0117/2014-15, wherein, the foreign travel expenses of Director of assessee’s sister Ms.Anitha Raajyalaxmi Ratnam, was confirmed. Aggrieved the assessee is in appeal before the Tribuna…

T.V.Sundaram Iyengar & Sons Ltd., Madurai vs. ACIT Corporate Circle 2, Madurai

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manoj Kumar Aggarwal, Hon’Ble

For Appellant: Mr.N.V.Balaji, AdvFor Respondent: Mr.Varuvooru Sreedhar

ITA 2754/CHNY/2019[2014-15]Status: DisposedITAT Chennai22 Jun 2022AY 2014-15

…ses or for the purpose of business of the assessee and accordingly, following the decision of the Hon’ble Madras High Court in the case of D.B. madan v. CIT, reported in (Mad) 261 ITR 193 and also in the case of CIT v. T.S.Hajee Moosa & Co., reported in (Mad) 153 ITR 422, disallowed the claim of the assessee by the AO. The Ld.CIT(A) also confirmed the action of the AO by following his predecessor order for the AY 2011-12 in ITA No.0117/2014-15, wherein, the foreign travel expenses of Director of assessee’s sister Ms.Anitha Raajyalaxmi Ratnam, was confirmed. Aggrieved the assessee is in appeal before the Tribuna…

ACIT Corporate Circle 2, Madurai vs. T.V.Sundaram Iyengar & Sons Ltd., Madurai

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manoj Kumar Aggarwal, Hon’Ble

For Appellant: Mr.N.V.Balaji, AdvFor Respondent: Mr.Varuvooru Sreedhar

ITA 2283/CHNY/2018[2014-15]Status: DisposedITAT Chennai25 Sept 2019AY 2014-15

…ses or for the purpose of business of the assessee and accordingly, following the decision of the Hon’ble Madras High Court in the case of D.B. madan v. CIT, reported in (Mad) 261 ITR 193 and also in the case of CIT v. T.S.Hajee Moosa & Co., reported in (Mad) 153 ITR 422, disallowed the claim of the assessee by the AO. The Ld.CIT(A) also confirmed the action of the AO by following his predecessor order for the AY 2011-12 in ITA No.0117/2014-15, wherein, the foreign travel expenses of Director of assessee’s sister Ms.Anitha Raajyalaxmi Ratnam, was confirmed. Aggrieved the assessee is in appeal before the Tribuna…

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

ITA 2282/CHNY/2018[2013-14]Status: DisposedITAT Chennai25 Sept 2019AY 2013-14

…ntum of expenditure. The adverb “exclusively” has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualifying for deduction CIT Vs T.S.Haji Moosa Co.(Madras) 153 ITR 422. Mysore Kirlosker Ltd Vs CIT(Karnataka) 166 ITR Vs 836. Siddo Mal & Sons Vs ITO(Delhi) 122 ITR 83. 5. The ld.CIT(A)’s decision on the disallowances made u/s 14A is not accepted, since the Assessing Officer had only made the disallowances as per provisions of Rule 8D of Income Tax Rules as per the CBDT Circular No.5/20 14, dated 11.02.2014 6. In…

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

ITA 2281/CHNY/2018[2012-13]Status: DisposedITAT Chennai25 Sept 2019AY 2012-13

…ntum of expenditure. The adverb “exclusively” has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualifying for deduction CIT Vs T.S.Haji Moosa Co.(Madras) 153 ITR 422. Mysore Kirlosker Ltd Vs CIT(Karnataka) 166 ITR Vs 836. Siddo Mal & Sons Vs ITO(Delhi) 122 ITR 83. 5. The ld.CIT(A)’s decision on the disallowances made u/s 14A is not accepted, since the Assessing Officer had only made the disallowances as per provisions of Rule 8D of Income Tax Rules as per the CBDT Circular No.5/20 14, dated 11.02.2014 6. In…

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

ITA 2280/CHNY/2018[2011-12]Status: DisposedITAT Chennai25 Sept 2019AY 2011-12

…ntum of expenditure. The adverb “exclusively” has reference to the object or motive of the act behind the expenditure. Unless such motive is solely for promoting the business, the expenditure will not qualifying for deduction CIT Vs T.S.Haji Moosa Co.(Madras) 153 ITR 422. Mysore Kirlosker Ltd Vs CIT(Karnataka) 166 ITR Vs 836. Siddo Mal & Sons Vs ITO(Delhi) 122 ITR 83. 5. The ld.CIT(A)’s decision on the disallowances made u/s 14A is not accepted, since the Assessing Officer had only made the disallowances as per provisions of Rule 8D of Income Tax Rules as per the CBDT Circular No.5/20 14, dated 11.02.2014 6. In…

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)