CIT v. TVS Lean Logistics Ltd.

293 ITR 432High Court2007#2782 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 366,005 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.

The Continental Enterprise, Chennai vs. ITO, Chennai

In the result, the appeal of the assessee in ITA

ITA 700/CHNY/2014[2008-09]Status: DisposedITAT Chennai11 Sept 2015AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.No.700/Mds/2014 "नधा"रण वष" /Assessment Year : 2008-2009

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. P. Radhakrishnan, IRS, JCIT
Section 32

…aim of the assessee that it is only a revenue expenditure and treated the same as capital in nature and allowed a depreciation. Since the department has filed SLP on the :- 5 -: decision of the jurisdictional High Court in the case TVS Lean Logistics Ltd., 293 ITR 432 and also the revenue has filed appeal in RMKV & Sons, Tirunelvelli before the Tribunal on similar issues and also taking into account in the case of M/s. Remington (India) Limited wherein it was held that ‘’if the expenditure has becomes an integral part of the leased property, then the same should be allowed as deferred expenditure over the p…

Chennai Auto Agency Pvt Ltd., Chennai vs. ACIT, Chennai

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

ITA 1219/CHNY/2014[2005-06]Status: DisposedITAT Chennai04 Feb 2015AY 2005-06

Bench: Shri B.R. Baskaran & Shri Vikas Awasthyआयकर अपील सं./Ita No. 1219/Mds/2014 "नधा"रण वष" /Assessment Year : 2005-06 M/S Chennai Auto Agency Pvt. Ltd., The Assistant Commissioner 144, Anna Salai, V. Of Income Tax, Chennai - 600 002. Company Circle – I(3), Chennai - 600 034. Pan : Aaacc 4158 L (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Shri A.V. Sreekanth, JCIT
Section 32

…pital expenditure, but the expenses incurred were purely revenue in nature, i.e., they have been incurred on repairs only. The Ld A.R, in this regard, has placed reliance on the decision of jurisdictional High Court in the case of CIT Vs. TVS Lean logistic (293 ITR 432) and Thiru Arooran Sugar Ltd (350 ITR 324). The Ld A.R further submitted that the assessee may be given one more opportunity to satisfy the assessing officer as to the nature of expenditure incurred and accordingly prayed that the matter may be set aside to the file of Assessing Officer. 3 I.T.A. No. 1219/Mds/2014 4. We heard Ld D.R, who subm…