CIT v. Textool Co. Ltd.

135 ITR 200High Court1982#2419 most cited

What is CIT v. Textool Co. Ltd. authority for?

A loss is deductible as a business loss only if it arises during the course of or is incidental to business operations, requiring a direct and proximate nexus with the business. If profits from an activity are taxable, losses from it are deductible.

48

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Textool Co. Ltd. · Textool Co. Ltd. · 135 ITR 200 · Section 28 · Section 37 · deductibility of business loss · loss incidental to business · direct and proximate nexus · loss in course of business · business operations loss · allowance of business loss

Issues it is cited on

Judgments citing CIT v. Textool Co. Ltd.

Tata Chemicals Ltd, Mumbai vs. DCIT 2(3), Mumbai

ITA 2965/MUM/2015[2002-03]Status: DisposedITAT Mumbai22 Apr 2019AY 2002-03

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2002-03 Tata Chemicals Ltd. Deputy Commissioner Of Bombay House, Vs. Income Tax-2(3)(1), 5Th 24 Homi Mody Street, Floor, Aayakar Bhavan, Fort, Mumbai-400001 M.K. Road, Mumbai- 400020 Pan No. Aaact4059M Appellant Respondent Assessment Year: 2002-03 Deputy Commissioner Tata Chemicals Ltd. Of Income Tax-2(3)(1), Vs. Bombay House, 5Th Floor, Aayakar 24 Homi Mody Street, Bhavan, M.K. Road, Fort, Mumbai-400001 Mumbai-400020 Pan No. Aaact4059M Appellant Respondent Assessee By : Mr. Nitesh Joshi, Ar Revenue By : Mr. Choudhary Arun Kumar Singh, Date Of Hearing : 25/01/2019 Date Of Pronouncement: 22/04/2019

For Appellant: Mr. Nitesh Joshi, ARFor Respondent: Mr. Choudhary Arun Kumar Singh
Section 115JSection 143(3)Section 14A

…t and loss account and amortized towards deposit lying with the lessor on principle of matching concept and hence allowable as business expenditure. It is found that before the Ld. CIT(A), the assessee had relied on the decision in 120 ITR 440, 134 ITR 21 and 135 ITR 200. 8.4 On the other hand, the Ld. DR submits that the above claim of write off of provision for lease deposit is not allowable as per the provisions of section 37(1) of the Act as the lease deposit is capital in nature. Thus the Ld. DR supports the order passed by the CIT(A). 8.5 We have heard the rival submissions and perused the relevant material…