CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT v. Margarine & Refined Oils Co. Ltd.

282 ITR 576High Court#8370 most cited

What is CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT v. Margarine & Refined Oils Co. Ltd. authority for?

Decisions rendered prior to the insertion of Section 35DDA are not applicable to assessment years for which Section 35DDA is in effect.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2023.

Also referred to as

CIT vs Sinnar Bidi Udyog Ltd · CIT v. Margarine & Refined Oils Co. Ltd. · Section 35DDA · AY 1989-90 · AY 1981-82 · applicability of decisions · Finance Act 2001 · assessment year

Issues it is cited on

ready for usesection 115osection 271hopening wdvdepreciation on goodwilldisallowance under section 40(a)(ia)prohibited by lawddtdomestic companydividend distribution taxsection 192written down value

Judgments citing CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT v. Margarine & Refined Oils Co. Ltd.

The ACIT - 14(2)(2), Mumbai vs. M/S Pfizer Ltd., Mumbai

In the result appeal of the ld AO for assessment year

ITA 1777/MUM/2020[2016-17]Status: DisposedITAT Mumbai22 Sept 2023AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Jeet Kamdar, AdvocateFor Respondent: Shri K. C. Selvamani CIT DR
Section 143Section 32

…the nature of payment made. Even the assessee could not establish that why the payment was made to a labour union. Even the receipt was also not produced. 040. In the decision of honourable Karnataka High Court in CIT versus Migraine And Refined Oils Co Ltd [282 ITR 576] the payment was made to the employees of the company who are retrenched. Therefore, there was a direct Nexus between the employment of those employees with the assessee company and retrenchment compensation paid to them. 041. Assessee failed to establish before us that how the decision of the coordinate bench in case of Knight Riders sports pri…

Pfizer Ltd., Mumbai vs. The ACIT-14(2)(2), Mumbai

In the result appeal of the ld AO for assessment year

ITA 1620/MUM/2020[2016-17]Status: DisposedITAT Mumbai22 Sept 2023AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Jeet Kamdar, AdvocateFor Respondent: Shri K. C. Selvamani CIT DR
Section 143Section 32

…the nature of payment made. Even the assessee could not establish that why the payment was made to a labour union. Even the receipt was also not produced. 040. In the decision of honourable Karnataka High Court in CIT versus Migraine And Refined Oils Co Ltd [282 ITR 576] the payment was made to the employees of the company who are retrenched. Therefore, there was a direct Nexus between the employment of those employees with the assessee company and retrenchment compensation paid to them. 041. Assessee failed to establish before us that how the decision of the coordinate bench in case of Knight Riders sports pri…

Pfizer Limited, Mumbai vs. ACIT-14(2)(2), Mumbai

In the result appeal of the ld AO for assessment year

ITA 3736/MUM/2019[2015-16]Status: DisposedITAT Mumbai22 Sept 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Jeet Kamdar, AdvocateFor Respondent: Shri K. C. Selvamani CIT DR
Section 143Section 32

…the nature of payment made. Even the assessee could not establish that why the payment was made to a labour union. Even the receipt was also not produced. 040. In the decision of honourable Karnataka High Court in CIT versus Migraine And Refined Oils Co Ltd [282 ITR 576] the payment was made to the employees of the company who are retrenched. Therefore, there was a direct Nexus between the employment of those employees with the assessee company and retrenchment compensation paid to them. 041. Assessee failed to establish before us that how the decision of the coordinate bench in case of Knight Riders sports pri…

DCIT - 14(2)(2), Mumbai vs. M/S Pfizer Ltd., Mumbai

In the result appeal of the ld AO for assessment year

ITA 3694/MUM/2019[2015-16]Status: DisposedITAT Mumbai22 Sept 2023AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Jeet Kamdar, AdvocateFor Respondent: Shri K. C. Selvamani CIT DR
Section 143Section 32

…the nature of payment made. Even the assessee could not establish that why the payment was made to a labour union. Even the receipt was also not produced. 040. In the decision of honourable Karnataka High Court in CIT versus Migraine And Refined Oils Co Ltd [282 ITR 576] the payment was made to the employees of the company who are retrenched. Therefore, there was a direct Nexus between the employment of those employees with the assessee company and retrenchment compensation paid to them. 041. Assessee failed to establish before us that how the decision of the coordinate bench in case of Knight Riders sports pri…

Mumbai International Airport P.Ltd, Mumbai vs. DCIT 10(2)(2), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 2018/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Jan 2020AY 2013-14

Bench: Shri G. Manjunatha & Shri Ravish Soodmumbai International Airport Vs. Dcit,Circle-10(2)(2) Private Limited Room No.209,Aaykar Bhawan Finance Department M.K.Road 1St Floor, Terminal 1B Mumbai-400 020 Chhatrapati Shivaji Internaitonal Airport Santacruz (E) Mumbai-400 099 Pan/Gir No.Aaecm6285C (Appellant) .. (Respondent) & Dcit-10(2)(2) Vs. Mumbai International Room No.216-A,Aaykar Bhawan Airport Private Limited M.K.Road Finance Department, 1St Floor, Terminal 1B Mumbai-400 020 Chhatrapati Shivaji Internaitonal Airport Santacruz (E) Mumbai-400 099

Section 143(3)Section 14ASection 40

…and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT vs. Sinnar Bidi Udyog Ltd [2002 123 Taxman 59 (Bom)] and CIT vs, Maragarine & Refined Oils Co, Ltd. [2006 282 ITR 576 (Kar)] without appreciating that the said decision were rendered for the A.Y. 1989-90 and A.Y.1981-82 respectively i.e. prior to insertion of section 35DDA which is applicable for A.Y. 2002-03 onwards as the same was inserted by the Finance Act, 2001 w,e,f, 01.04.2002 and therefore the ratio of the decisions cited supra are not applicable to the…

DCIT 10(2)(2), Mumbai vs. Mumbai International Airport P.Ltd, Mumbai

In the result, assessee’s appeal is allowed and revenue’s appeal is

ITA 4838/MUM/2015[2012-13]Status: DisposedITAT Mumbai27 Nov 2017AY 2012-13

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ranjit Singh Arneja

…nd in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT vs. Sinnar Bidi Udyog Ltd. [2002 123 Taxman 559 (Bom)] and CIT vs. Maragarine & Refined Oils Co. Ltd. [2006 282 ITR 576 (Kar)] without appreciating that the said decision were rendered for the A.Y. 1989-90 and A.Y. 1981-82 respectively i.e. prior to insertion of section 35DDA which is applicable for A.Y.2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01.04.2002 and therefore the ratio of the decisions cited supra are not applicable to the…

Mumbai International Airport P.Ltd, Mumbai vs. DCIT 10(2)(2), Mumbai

In the result, assessee’s appeal is allowed and revenue’s appeal is

ITA 4382/MUM/2015[2012-13]Status: DisposedITAT Mumbai27 Nov 2017AY 2012-13

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ranjit Singh Arneja

…nd in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT vs. Sinnar Bidi Udyog Ltd. [2002 123 Taxman 559 (Bom)] and CIT vs. Maragarine & Refined Oils Co. Ltd. [2006 282 ITR 576 (Kar)] without appreciating that the said decision were rendered for the A.Y. 1989-90 and A.Y. 1981-82 respectively i.e. prior to insertion of section 35DDA which is applicable for A.Y.2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01.04.2002 and therefore the ratio of the decisions cited supra are not applicable to the…

DCIT 8(2), Mumbai vs. Mumbai International Airport P. Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 5655/MUM/2014[2011-12]Status: DisposedITAT Mumbai13 Nov 2017AY 2011-12

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…facts and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT Vs Margarine & Refined Oils Co. Ltd (2006 282 ITR 576 (Kar)) without appreciating that the said decisions were rendered for the AY 1989-90 and AY 1981-82 respectively i.e. prior to insertion of Section 35DDA which is applicable for AY 2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01-04-2002, and therefore the ratio of the decisions cited supra is not applicable to the Asse…

Mumbai International Airport P. Ltd, Mumbai vs. Addl CIT 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4784/MUM/2014[2011-12]Status: DisposedITAT Mumbai13 Nov 2017AY 2011-12

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…facts and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT Vs Margarine & Refined Oils Co. Ltd (2006 282 ITR 576 (Kar)) without appreciating that the said decisions were rendered for the AY 1989-90 and AY 1981-82 respectively i.e. prior to insertion of Section 35DDA which is applicable for AY 2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01-04-2002, and therefore the ratio of the decisions cited supra is not applicable to the Asse…

DCIT 8(2), Mumbai vs. Mumbai International Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 5592/MUM/2013[2010-11]Status: DisposedITAT Mumbai13 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…facts and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT Vs Margarine & Refined Oils Co. Ltd (2006 282 ITR 576 (Kar)) without appreciating that the said decisions were rendered for the AY 1989-90 and AY 1981-82 respectively i.e. prior to insertion of Section 35DDA which is applicable for AY 2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01-04-2002, and therefore the ratio of the decisions cited supra is not applicable to the Asse…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4911/MUM/2013[2010-11]Status: DisposedITAT Mumbai13 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…facts and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT Vs Margarine & Refined Oils Co. Ltd (2006 282 ITR 576 (Kar)) without appreciating that the said decisions were rendered for the AY 1989-90 and AY 1981-82 respectively i.e. prior to insertion of Section 35DDA which is applicable for AY 2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01-04-2002, and therefore the ratio of the decisions cited supra is not applicable to the Asse…

DCIT 8(2), Mumbai vs. Mumbai Internaiotnal Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4675/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Nov 2017AY 2009-10

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…facts and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT Vs Margarine & Refined Oils Co. Ltd (2006 282 ITR 576 (Kar)) without appreciating that the said decisions were rendered for the AY 1989-90 and AY 1981-82 respectively i.e. prior to insertion of Section 35DDA which is applicable for AY 2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01-04-2002, and therefore the ratio of the decisions cited supra is not applicable to the Asse…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(20, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 1081/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Nov 2017AY 2009-10

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…facts and in the circumstances of the case and in law, the learned CIT(A) erred in relying on the decision of the Hon'ble Bombay High Court in the case of CIT Vs Sinnar Bidi Udyog Ltd (2002 123 Taxman 559 Bom) and CIT Vs Margarine & Refined Oils Co. Ltd (2006 282 ITR 576 (Kar)) without appreciating that the said decisions were rendered for the AY 1989-90 and AY 1981-82 respectively i.e. prior to insertion of Section 35DDA which is applicable for AY 2002-03 onwards as the same was inserted by the Finance Act, 2001 w.e.f. 01-04-2002, and therefore the ratio of the decisions cited supra is not applicable to the Asse…