CIT v. TVS Lean Logistics Ltd.

293 ITR 432High Court2007#2819 most cited

What is CIT v. TVS Lean Logistics Ltd. authority for?

Expenditure incurred to construct a building on leasehold land, where the assessee does not own the superstructure, is revenue expenditure. Explanation 1 to Section 32 applies only when the building itself is taken on lease, not when a building is constructed on leased land.

42

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2024.

Also referred to as

CIT v. TVS Lean Logistics Ltd. · 293 ITR 432 · Section 32 · Explanation 1 to Section 32 · revenue expenditure · capital expenditure · construction on leasehold land · building on leased land · superstructure ownership · deductibility · depreciation allowance

Issues it is cited on

section 2(24)(xviii)weighted deductionsection 35(2ab)section 21written down valueblock of assetsicdssection 32(1)enduring benefitsection 260section 260asection 35

Judgments citing CIT v. TVS Lean Logistics Ltd.

DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE-1, TIRUPPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING P LTD, TIRUPPUR,TAMILNADU

In the result, the appeal of the assessee is allowed

ITA 326/CHNY/2024[2018-19]Status: DisposedITAT Chennai20 Sept 2024AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.3326/Chny/2019 & 326/Chny/2024 िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19 The Assistant Commissioner Of Vs. Eastman Exports Global Clothing (P) Ltd., No. 10, 12, 2Nd Street, Kumar Income Tax, Circle 1(1), 121, Adams Buildings, 60 Feet Road, Nagar South, Tirupur 641 603. Tirupur 641 602. [Pan: Aaccc0952E] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.706/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Victus Dyeings, The Assistant Commissioner Of 410, P.N. Road, R.K. Nagar, Income Tax, Circle 1, Vs. Tirupur 641 601. Tirupur. [Pan: Aacfv4420D] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.768/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 The Deputy Commissioner Of M/S. K.M. Knit Wear, Income Tax, Circle 1, 14, E.F. Lakshmi Nagar, First Street, Vs. Tirupur. City Garden, Tirupur 641 602. [Pan: Aacfk3053B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.358/Chny/2022 िनधा"रण वष"/Assessment Year: 2018-19 M/S. K.M. Knit Wear, The Assistant Commissioner Of 14, E.F. Lakshmi Nagar, First Street, Income Tax, Circle 1, Vs. City Garden, Tirupur 641 602. Tirupur. (अपीलाथ"/Appellant) (""थ"/Respondent)

Section 28

…8Chny/23 reliance on the decision of the Hon’ble High Court of Madras in the case of CIT v. K.V. Nellaiappan [2022] 135 taxmann.com 223 (Madras). 47. The ld. AR relied on the decision of the Hon’ble High Court of Madras in the case of TVS Lean Logistics Ltd. 293 ITR 432 (Mad). We note that the distinction between both the decisions of the Hon’ble High Court of Madras are that in the case of CIT v. K.V. Nellaiappan (supra), the assessee therein taken a building on lease, but, not the land and in the case of CIT v. TVS Lean Logistics Ltd. (supra), the assessee therein taken land on lease and constructed building t…

GEENA GARMENTS,TIRUPPUR vs. ACIT, CIRCLE-1, TIRUPPUR, TIRUPPUR

In the result, the appeal of the assessee is allowed

ITA 1348/CHNY/2023[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.3326/Chny/2019 & 326/Chny/2024 िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19 The Assistant Commissioner Of Vs. Eastman Exports Global Clothing (P) Ltd., No. 10, 12, 2Nd Street, Kumar Income Tax, Circle 1(1), 121, Adams Buildings, 60 Feet Road, Nagar South, Tirupur 641 603. Tirupur 641 602. [Pan: Aaccc0952E] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.706/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Victus Dyeings, The Assistant Commissioner Of 410, P.N. Road, R.K. Nagar, Income Tax, Circle 1, Vs. Tirupur 641 601. Tirupur. [Pan: Aacfv4420D] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.768/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 The Deputy Commissioner Of M/S. K.M. Knit Wear, Income Tax, Circle 1, 14, E.F. Lakshmi Nagar, First Street, Vs. Tirupur. City Garden, Tirupur 641 602. [Pan: Aacfk3053B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.358/Chny/2022 िनधा"रण वष"/Assessment Year: 2018-19 M/S. K.M. Knit Wear, The Assistant Commissioner Of 14, E.F. Lakshmi Nagar, First Street, Income Tax, Circle 1, Vs. City Garden, Tirupur 641 602. Tirupur. (अपीलाथ"/Appellant) (""थ"/Respondent)

Section 28

…8Chny/23 reliance on the decision of the Hon’ble High Court of Madras in the case of CIT v. K.V. Nellaiappan [2022] 135 taxmann.com 223 (Madras). 47. The ld. AR relied on the decision of the Hon’ble High Court of Madras in the case of TVS Lean Logistics Ltd. 293 ITR 432 (Mad). We note that the distinction between both the decisions of the Hon’ble High Court of Madras are that in the case of CIT v. K.V. Nellaiappan (supra), the assessee therein taken a building on lease, but, not the land and in the case of CIT v. TVS Lean Logistics Ltd. (supra), the assessee therein taken land on lease and constructed building t…

ACIT, CIRCLE-1, , TIRUPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING (P) LTD., TIRUPUR

In the result, the appeal of the assessee is allowed

ITA 3326/CHNY/2019[2017-18]Status: DisposedITAT Chennai20 Sept 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. Nos.3326/Chny/2019 & 326/Chny/2024 िनधा"रण वष"/Assessment Years: 2017-18 & 2018-19 The Assistant Commissioner Of Vs. Eastman Exports Global Clothing (P) Ltd., No. 10, 12, 2Nd Street, Kumar Income Tax, Circle 1(1), 121, Adams Buildings, 60 Feet Road, Nagar South, Tirupur 641 603. Tirupur 641 602. [Pan: Aaccc0952E] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.706/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 Victus Dyeings, The Assistant Commissioner Of 410, P.N. Road, R.K. Nagar, Income Tax, Circle 1, Vs. Tirupur 641 601. Tirupur. [Pan: Aacfv4420D] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.768/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 The Deputy Commissioner Of M/S. K.M. Knit Wear, Income Tax, Circle 1, 14, E.F. Lakshmi Nagar, First Street, Vs. Tirupur. City Garden, Tirupur 641 602. [Pan: Aacfk3053B] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.358/Chny/2022 िनधा"रण वष"/Assessment Year: 2018-19 M/S. K.M. Knit Wear, The Assistant Commissioner Of 14, E.F. Lakshmi Nagar, First Street, Income Tax, Circle 1, Vs. City Garden, Tirupur 641 602. Tirupur. (अपीलाथ"/Appellant) (""थ"/Respondent)

Section 28

…8Chny/23 reliance on the decision of the Hon’ble High Court of Madras in the case of CIT v. K.V. Nellaiappan [2022] 135 taxmann.com 223 (Madras). 47. The ld. AR relied on the decision of the Hon’ble High Court of Madras in the case of TVS Lean Logistics Ltd. 293 ITR 432 (Mad). We note that the distinction between both the decisions of the Hon’ble High Court of Madras are that in the case of CIT v. K.V. Nellaiappan (supra), the assessee therein taken a building on lease, but, not the land and in the case of CIT v. TVS Lean Logistics Ltd. (supra), the assessee therein taken land on lease and constructed building t…

DCIT CIRCLE 1, TIRUPUR vs. M/S EASTERN EXPORTS GLOBAL CLOTHING (P) LIMITED, TIRUPUR

The appeal of the revenue stand dismissed

ITA 548/CHNY/2018[2014-15]Status: DisposedITAT Chennai10 Feb 2023AY 2014-15

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

For Appellant: Shri T. Banusekar, (CA)- Ld. ARFor Respondent: Shri S. Senthil Kumaran, (CIT)-Ld. DR
Section 143(3)Section 28Section 32(1)

…on of income. 14.3 The Ld. CIT(A) allowed the claim of the assessee by relying upon the decision of this Tribunal for AY 2012-13, ITA Nos.101 to 103/Mds/2016 dated 21.09.2016 as well as the decision of Hon’ble High Court of Madras in TVS Lean Logistics Ltd. (293 ITR 432) wherein it was held that such an expenditure would be revenue expenditure. Further, Explanation-1 to Sec.32 applies only when the building is taken on lease and not in situations wherein the building is constructed on leasehold land. The final adjudication of Ld. CIT(A) was as under: - 7.7 Therefore, in the instant case, the appellant has taken…

DCIT CIRCLE 1, TIRUPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING (P) LIMITED, TIRUPUR

The appeal of the revenue stand dismissed

ITA 2229/CHNY/2018[2015-16]Status: DisposedITAT Chennai10 Feb 2023AY 2015-16

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

For Appellant: Shri T. Banusekar, (CA)- Ld. ARFor Respondent: Shri S. Senthil Kumaran, (CIT)-Ld. DR
Section 143(3)Section 28Section 32(1)

…on of income. 14.3 The Ld. CIT(A) allowed the claim of the assessee by relying upon the decision of this Tribunal for AY 2012-13, ITA Nos.101 to 103/Mds/2016 dated 21.09.2016 as well as the decision of Hon’ble High Court of Madras in TVS Lean Logistics Ltd. (293 ITR 432) wherein it was held that such an expenditure would be revenue expenditure. Further, Explanation-1 to Sec.32 applies only when the building is taken on lease and not in situations wherein the building is constructed on leasehold land. The final adjudication of Ld. CIT(A) was as under: - 7.7 Therefore, in the instant case, the appellant has taken…

SYNCOM HEALTHCARE LTD,MUMBAI vs. ITO 7(2)(4), MUMBAI

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 2669/MUM/2017[2005-06]Status: DisposedITAT Mumbai17 May 2022AY 2005-06
Section 28

…unt and accordingly disallowed the balance amount of Rs.55,02,004/-. Learned CIT(A) also confirmed the same. 5. We noticed that the assessee had placed reliance on the decision rendered by Hon'ble Madras High Court in the case of T.V. S. Lean Logistics Ltd. (293 ITR 432) in support of the its claim. However, the tax authorities have expressed the view that the above said decision is distinguishable. It is well settled proposition of law that the entries made in the books of account are not determinative of the question as to whether an expenditure is allowable as deduction or not, meaning thereby any expenditure…

E.K. EDUCATIONAL TRUST,,DINDIGUL vs. ITO (EXEMPTIONS),, MADURAI

In the result, the appeal of the assessee is allowed

ITA 2242/CHNY/2019[2015-16]Status: DisposedITAT Chennai12 Jan 2022AY 2015-16

Bench: Shri Mahavir Singh

For Appellant: Shri K.Balasubramanian, CAFor Respondent: Shri B. Sajive, JCIT
Section 13(1)(c)Section 13(2)(g)Section 143(3)

…rrated that without these, school cannot be run and once necessary expenditure are incurred, they are in the nature of revenue expenses and for this, he relied on the decision of Hon’ble Madras High Court in the case of CIT vs. TVS Lean Logistics Ltd., [2007] 293 ITR 432, wherein the Hon’ble High Court held that explanation 1 of section 32(1) does not apply in a case of construction on the land which is taken on lease by the assessee, as the assessee does not acquire a capital asset but had I.T.A. No.2242/Chny/2019 6 put up a construction of the building only for business advantage. Here in the present case befor…

M/S SNC POWER CORPORATION PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(3), BANGALORE

In the result, the assessee’s appeals are dismissed

ITA 2329/BANG/2018[2012-13]Status: DisposedITAT Bangalore17 Aug 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Kannan Narayanan, Jt. CIT(DR)(ITAT), Bengaluru

…siness premise is Rs.1,38,17,089/- [ (Rs.4,24,17,518/- / 43,900 Sq. Ft) * 14,300 Sq. Ft]. The same is claimed as revenue expenditure following the ratio of the Hon’ble Madras High Court decision in the case of M/s. TVS Lean Logistics Ltd., Vs. CIT reported in 293 ITR 432 (Mad). It is further submitted that the Hon'ble Apex Court in the case of CIT Vs. M/s. Tamilnadu Police Housing Corporation, reported in 313 ITR [Statute] 28, has also dismissed the department's special leave petition. It is further submitted that the Appellant has amortized the cost of building attributable to the let-out portion and claimed as…

M/S SNC POWER CORPORATION PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(3), BANGALORE

In the result, the assessee’s appeals are dismissed

ITA 2328/BANG/2018[2011-12]Status: DisposedITAT Bangalore17 Aug 2021AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Kannan Narayanan, Jt. CIT(DR)(ITAT), Bengaluru

…siness premise is Rs.1,38,17,089/- [ (Rs.4,24,17,518/- / 43,900 Sq. Ft) * 14,300 Sq. Ft]. The same is claimed as revenue expenditure following the ratio of the Hon’ble Madras High Court decision in the case of M/s. TVS Lean Logistics Ltd., Vs. CIT reported in 293 ITR 432 (Mad). It is further submitted that the Hon'ble Apex Court in the case of CIT Vs. M/s. Tamilnadu Police Housing Corporation, reported in 313 ITR [Statute] 28, has also dismissed the department's special leave petition. It is further submitted that the Appellant has amortized the cost of building attributable to the let-out portion and claimed as…

M/S SNC POWER CORPORATION PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(3), BANGALORE

In the result, the assessee’s appeals are dismissed

ITA 2327/BANG/2018[2010-11]Status: DisposedITAT Bangalore17 Aug 2021AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri Kannan Narayanan, Jt. CIT(DR)(ITAT), Bengaluru

…siness premise is Rs.1,38,17,089/- [ (Rs.4,24,17,518/- / 43,900 Sq. Ft) * 14,300 Sq. Ft]. The same is claimed as revenue expenditure following the ratio of the Hon’ble Madras High Court decision in the case of M/s. TVS Lean Logistics Ltd., Vs. CIT reported in 293 ITR 432 (Mad). It is further submitted that the Hon'ble Apex Court in the case of CIT Vs. M/s. Tamilnadu Police Housing Corporation, reported in 313 ITR [Statute] 28, has also dismissed the department's special leave petition. It is further submitted that the Appellant has amortized the cost of building attributable to the let-out portion and claimed as…

DCIT CIRCLE 1, TIRUPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING (P) LIMITED, TIRUPUR

In the result, appeal filed by Revenue is dismissed

ITA 2228/CHNY/2018[2012-13]Status: DisposedITAT Chennai09 Aug 2021AY 2012-13

Bench: Shri Mahavir Singh, Vice- & Shri G. Manjunathaआयकरअपीलसं./I.T.A.Nos.2227 & 2228/Chny/2018 ("नधा"रणवष" / Assessment Years: 2011-12 & 2012-13) The Deputy Commissioner Of Income Vs M/S. Eastman Exports Global Tax, Clothing Pvt.Ltd. No.10, 12, 2Nd Street, Kumar Circle-I Tirupur. Nagar South, Tirupur-641 603. Pan: Aaccc 0952E (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. T.Banusekar, C.A ""For Respondent: 07.07.2021
Section 143(3)

…ide its order in ITA No.101 to 103/Chny/2016 dated 21.09.2016 has remitted the issue to file of the Assessing Officer to decide the issue afresh in light of judgement of Hon’ble Jurisdictional High Court of Madras in the case of M/s.TVS Lean Logistics Ltd. (293 ITR 432) and the decision of Hon'ble Supreme Court in the case of M/s. Madras Auto Service (P) Ltd., reported in 233 ITR 468, with a direction to the Assessing Officer to re-examine the issue whether expenditure incurred on construction of subsequent stage in future or not. 4. The Assessing Officer has taken up proceedings for re-examination of the i…

DCIT CIRCLE 1, TIRUPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING (P) LIMITED, TIRUPUR

In the result, appeal filed by Revenue is dismissed

ITA 2227/CHNY/2018[2011-12]Status: DisposedITAT Chennai09 Aug 2021AY 2011-12

Bench: Shri Mahavir Singh, Vice- & Shri G. Manjunathaआयकरअपीलसं./I.T.A.Nos.2227 & 2228/Chny/2018 ("नधा"रणवष" / Assessment Years: 2011-12 & 2012-13) The Deputy Commissioner Of Income Vs M/S. Eastman Exports Global Tax, Clothing Pvt.Ltd. No.10, 12, 2Nd Street, Kumar Circle-I Tirupur. Nagar South, Tirupur-641 603. Pan: Aaccc 0952E (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr. T.Banusekar, C.A ""For Respondent: 07.07.2021
Section 143(3)

…ide its order in ITA No.101 to 103/Chny/2016 dated 21.09.2016 has remitted the issue to file of the Assessing Officer to decide the issue afresh in light of judgement of Hon’ble Jurisdictional High Court of Madras in the case of M/s.TVS Lean Logistics Ltd. (293 ITR 432) and the decision of Hon'ble Supreme Court in the case of M/s. Madras Auto Service (P) Ltd., reported in 233 ITR 468, with a direction to the Assessing Officer to re-examine the issue whether expenditure incurred on construction of subsequent stage in future or not. 4. The Assessing Officer has taken up proceedings for re-examination of the i…

M/S SNC POWER CORPORATION PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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

ITA 65/BANG/2013[2007-08]Status: DisposedITAT Bangalore20 Feb 2020AY 2007-08

Bench: Shri Arun Kumar Garodia, Am Assessment Year : 2007 – 08 M/S Snc Power Corporation Pvt. Ltd., Snc House, 4Th Floor, No. 7, Residency Road, Dcit Circle – 12 (3), Vs. (Old No. 9, Raja Ram Mohanroy Road) Bangalore Bangalore - 560025 Pan: Aajcs7901C Appellant Respondent Assessee By : Shri V. Chandrasekar, Advocate Revenue By : Shri S. Tamil Selvam, Jcit Dr Date Of Hearing : 14.01.2020 Date Of Pronouncement : 20.02.2020 O R D E R Per Shri A.K. Garodia, Am: This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Learned Cit (A) – Iii Bangalore Dated 31.10.2012 For A. Y. 2007 – 08. 2. In Course Of Hearing, Learned Ar Of The Assessee Submitted That Synopsys Is Already Filed & This Appeal May Be Decided By Considering The Same. Learned Dr Of The Revenue Supported The Order Of Cit (A). 3. We Have Considered The Rival Submissions. We Find That Ground No. 1 & 2 Raised By The Assessee Are General & No Separate Adjudication Is Called For About These Two Grounds. As Per Ground No. 3, The Grievance Of The Assessee Is About Confirming Of The Disallowance Of Rs. 775,310/- Made By The Ao. In This Regard, In Para (C) Of The Synopsys, It Is Submitted That The Assessee Has Incurred An Expense Of Rs. 77,53,110/- As Wages In Respect Of A Turnover Of More Than Rs. 15 Crores & The Ao Made An Adhoc Disallowance Of Rs. 15 Lacs & Learned Cit (A) Confirmed Part

For Appellant: Shri V. Chandrasekar, AdvocateFor Respondent: Shri S. Tamil Selvam, JCIT DR

…t the same was disallowed. Reliance is placed on the judgment of Hon’ble Apex Court rendered in the case of CIT vs. Madras Auto Services (P) Ltd., 233 ITR 468 and of Hon’ble Madras High Court rendered in the case of CIT vs. TVS Lean Logistics Private Limited, 293 ITR 432. As per the judgment of Hon’ble Apex Court rendered in the case of CIT vs. Madras Auto Services (P) Ltd.(Supra), the assessee spent the amounts in question in order to construct a new building after demolishing the old building but in the present case, this is not the case of the assessee that the building was constructed after demolishing the ol…

DCIT CIRCLE 1, TIRUPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING (P) LIMITED, TIRUPUR

In the result, both the appeals filed by the Revenue stand dismissed

ITA 1677/CHNY/2019[2016-17]Status: DisposedITAT Chennai12 Sept 2019AY 2016-17

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Raoआयकर अपील सं./Ita Nos.1676 & 1677/Chny/2019 "नधा"रण वष" /Assessment Years : 2013-14 & 2016-17

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: Sh. T. Banusekar, CA

…uilding on the leasehold land. 3. Shri AR.V. Sreenivasan, the Ld. Departmental Representative, submitted that this is the second round of litigation before this Tribunal. In the first round of litigation, this Tribunal by an order dated 09.11.2017, (2007) 293 ITR 432 and the judgment of Supreme Court in CIT v. Madras Auto Service (P.) Ltd. (1998) 233 ITR 468. According to the Ld. D.R., the Assessing Officer, consequent to the order of this Tribunal remitting back for re-examination, found that the expenditure incurred by the assessee is capital in nature. According to the Ld. D.R., the judgment of Madras…

DCIT CIRCLE 1, TIRUPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING (P) LIMITED, TIRUPUR

In the result, both the appeals filed by the Revenue stand dismissed

ITA 1676/CHNY/2019[2013-14]Status: DisposedITAT Chennai12 Sept 2019AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Raoआयकर अपील सं./Ita Nos.1676 & 1677/Chny/2019 "नधा"रण वष" /Assessment Years : 2013-14 & 2016-17

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: Sh. T. Banusekar, CA

…uilding on the leasehold land. 3. Shri AR.V. Sreenivasan, the Ld. Departmental Representative, submitted that this is the second round of litigation before this Tribunal. In the first round of litigation, this Tribunal by an order dated 09.11.2017, (2007) 293 ITR 432 and the judgment of Supreme Court in CIT v. Madras Auto Service (P.) Ltd. (1998) 233 ITR 468. According to the Ld. D.R., the Assessing Officer, consequent to the order of this Tribunal remitting back for re-examination, found that the expenditure incurred by the assessee is capital in nature. According to the Ld. D.R., the judgment of Madras…

ITO,WD-1(2), BURDWAN, BURDWAN vs. M/S CEMCO MARKETING, BURDWAN

Appeals are dismissed

ITA 1418/KOL/2016[2012-13]Status: DisposedITAT Kolkata13 Jun 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 194CSection 40

…ks on the amount payable on which tax is not deducted and therefore it should apply only if the amount is payable but once the amount has already been "payable' cannot be “paid” as well as “payable” because in the case of CIT-Vs-TVS Lean logistics Ltd. (2007) 293 ITR 432 (Mad) the Madras High Court held that where the words of a statute are absolutely clear and unambiguous, then rule of literal construction has to be followed and the court cannot enlarge the scope of legislation when the language of the provision is plain and unambiguous. For the sake of argument, even if it is assumed that the term “payable” mea…

ITO, WD-1(2), BURDWAN, BURDWAN vs. M/S CEMCO MARKETING, BURDWAN

Appeals are dismissed

ITA 1056/KOL/2016[2010-2011]Status: DisposedITAT Kolkata13 Jun 2018AY 2010-2011

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 194CSection 40

…ks on the amount payable on which tax is not deducted and therefore it should apply only if the amount is payable but once the amount has already been "payable' cannot be “paid” as well as “payable” because in the case of CIT-Vs-TVS Lean logistics Ltd. (2007) 293 ITR 432 (Mad) the Madras High Court held that where the words of a statute are absolutely clear and unambiguous, then rule of literal construction has to be followed and the court cannot enlarge the scope of legislation when the language of the provision is plain and unambiguous. For the sake of argument, even if it is assumed that the term “payable” mea…

DCIT, TIRUPPUR vs. EASTMAN EXPORTS GLOBAL CLOTHING P. LTD.,, TIRUPPUR

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

ITA 300/CHNY/2017[2013-14]Status: DisposedITAT Chennai09 Nov 2017AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Sh. T. Banusekar, CAFor Respondent: Sh. Sailendra Mamidi, Principal CIT
Section 2(24)Section 32(1)

…e CIT(Appeals) is not justified in allowing `1,54,10,800/-. 6. On the contrary, Sh. T. Banusekar, the Ld. representative for the assessee, submitted that this Tribunal in the assessee's own case for assessment year 2011-12, found that in view of the (2007) (293 ITR 432) and also judgment of Apex Court in CIT v. Madras Auto Service (P.) Ltd. (1998) (233 ITR 468), the amount spent by the assessee in construction of the building has to be treated as revenue expenditure since the ownership of the building was with lessor. According to the Ld. representative, in fact, this Tribunal after referring to the judgment…

EASTMAN EXPORTS GLOBAL CLOTHING PVT LTD.,TIRUPPUR vs. DCIT, TIRUPPUR

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

ITA 291/CHNY/2017[2013-14]Status: DisposedITAT Chennai09 Nov 2017AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Sh. T. Banusekar, CAFor Respondent: Sh. Sailendra Mamidi, Principal CIT
Section 2(24)Section 32(1)

…e CIT(Appeals) is not justified in allowing `1,54,10,800/-. 6. On the contrary, Sh. T. Banusekar, the Ld. representative for the assessee, submitted that this Tribunal in the assessee's own case for assessment year 2011-12, found that in view of the (2007) (293 ITR 432) and also judgment of Apex Court in CIT v. Madras Auto Service (P.) Ltd. (1998) (233 ITR 468), the amount spent by the assessee in construction of the building has to be treated as revenue expenditure since the ownership of the building was with lessor. According to the Ld. representative, in fact, this Tribunal after referring to the judgment…

ACIT, CHENNAI vs. KASTURI & SONS LIMITED, CHENNAI

In the result, all the Revenue’s appeals are allowed for statistical purposes

ITA 2252/CHNY/2015[2011-12]Status: DisposedITAT Chennai18 Aug 2017AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Sh. Vikram Vijayaraghavan, AdvocateFor Respondent: Shri R. Jeyakumar, CIT
Section 143(1)Section 148

…lease premises. The Ld.counsel placed his reliance on the judgment of Madras High Court in Thiru Arooran Sugar Ltd. v. DCIT (350 ITR 324). The Ld.counsel has also placed his reliance on the judgments of Madras High Court in CIT v. TVS Lean Logistics Ltd. (293 ITR 432) and CIT v. Sakthi Finance Ltd. (291 ITR 83). 7 I.T.A. Nos.1611 to 1619/Mds/14 I.T.A. No. 2106/Mds/15 I.T.A. Nos.2012 to 2015/Mds/14 I.T.A. No.2252/Mds/15 9. On the contrary, Shri R. Jeyakumar, the Ld. Departmental Representative, submitted that the expenditure was incurred at Madurai, Coimbatore and Mumbai. According to the Ld. D.R., the…

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