Commissioner of Income Tax v. Garden Silk Weaving Factory

279 ITR 136Reported decision#15522 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2023 to 2023.

Issues it is cited on

section 2(42c)section 80ib(4)section 41(2)section 50bsection 38r&d expendituresection 43(6)opening wdvinitial assessment yearslump salegoing concerndeduction under section 80ia

Judgments citing Commissioner of Income Tax v. Garden Silk Weaving Factory

DCIT RG 8(2), Mumbai vs. Proctor & Gamble Hygiene & Health Care Ltd, Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 2446/MUM/2013[2008-09]Status: DisposedITAT Mumbai12 Dec 2023AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite
Section 143(2)Section 143(3)

…merely because depreciation had been allowed, it could not be said that the balance was the excess amount between the price and WDV". In this connection the High Court of Gujarat has, in the case of Commissioner of Income Tax Vs. Garden Silk Weaving Factory (279 ITR 136), after considering the decision of the Supreme court in the above named two cases, held that where the entire business is sold as a going concern with all the assets and liabilities, the provision of section 41(2) cannot be invoked unless and until the information with regard to the actual cost, the W.D.V. and the sale consideration for each ass…

Procter & Gamble Hygine & Health Care Ltd, Mumbai vs. Addl CIT Cir 8(2), Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 1735/MUM/2013[2008-09]Status: DisposedITAT Mumbai12 Dec 2023AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite
Section 143(2)Section 143(3)

…merely because depreciation had been allowed, it could not be said that the balance was the excess amount between the price and WDV". In this connection the High Court of Gujarat has, in the case of Commissioner of Income Tax Vs. Garden Silk Weaving Factory (279 ITR 136), after considering the decision of the Supreme court in the above named two cases, held that where the entire business is sold as a going concern with all the assets and liabilities, the provision of section 41(2) cannot be invoked unless and until the information with regard to the actual cost, the W.D.V. and the sale consideration for each ass…

Addl CIT RG 8(2), Mumbai vs. Proctor & Gamble Hyginene & Health Care Ltd, Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 3566/MUM/2012[2007-08]Status: DisposedITAT Mumbai12 Dec 2023AY 2007-08

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite
Section 143(2)Section 143(3)

…merely because depreciation had been allowed, it could not be said that the balance was the excess amount between the price and WDV". In this connection the High Court of Gujarat has, in the case of Commissioner of Income Tax Vs. Garden Silk Weaving Factory (279 ITR 136), after considering the decision of the Supreme court in the above named two cases, held that where the entire business is sold as a going concern with all the assets and liabilities, the provision of section 41(2) cannot be invoked unless and until the information with regard to the actual cost, the W.D.V. and the sale consideration for each ass…

Procter & Gamble Hygiene & Health Care Ltd, Mumbai vs. Addl CIT Cir 8(2), Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 3518/MUM/2012[2007-08]Status: DisposedITAT Mumbai12 Dec 2023AY 2007-08

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite
Section 143(2)Section 143(3)

…merely because depreciation had been allowed, it could not be said that the balance was the excess amount between the price and WDV". In this connection the High Court of Gujarat has, in the case of Commissioner of Income Tax Vs. Garden Silk Weaving Factory (279 ITR 136), after considering the decision of the Supreme court in the above named two cases, held that where the entire business is sold as a going concern with all the assets and liabilities, the provision of section 41(2) cannot be invoked unless and until the information with regard to the actual cost, the W.D.V. and the sale consideration for each ass…

Procter & Gamble Hygiene & Health Care Ltd., Mumbai vs. Addl.C.I.T. Cir. 8(2), Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 2277/MUM/2012[2006-07]Status: DisposedITAT Mumbai12 Dec 2023AY 2006-07

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite
Section 143(2)Section 143(3)

…merely because depreciation had been allowed, it could not be said that the balance was the excess amount between the price and WDV". In this connection the High Court of Gujarat has, in the case of Commissioner of Income Tax Vs. Garden Silk Weaving Factory (279 ITR 136), after considering the decision of the Supreme court in the above named two cases, held that where the entire business is sold as a going concern with all the assets and liabilities, the provision of section 41(2) cannot be invoked unless and until the information with regard to the actual cost, the W.D.V. and the sale consideration for each ass…

Addl CIT RG 8(2), Mumbai vs. Proctor & Gamble Hygiene & Health Care Ltd, Mumbai

In the result the appeals of the revenue are dismissed and the appeals of the assessee are partly allowed

ITA 2167/MUM/2012[2006-07]Status: DisposedITAT Mumbai12 Dec 2023AY 2006-07

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.3518 & 2277/Mum/2012 Procter & Gamble Hygiene Vs. Additional Cit Circle 8(2) & Healthcare Limited Mumbai -400020 P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East) Mumbai – 400009 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar, Ms. SukanyaFor Respondent: Tushar Mohite
Section 143(2)Section 143(3)

…merely because depreciation had been allowed, it could not be said that the balance was the excess amount between the price and WDV". In this connection the High Court of Gujarat has, in the case of Commissioner of Income Tax Vs. Garden Silk Weaving Factory (279 ITR 136), after considering the decision of the Supreme court in the above named two cases, held that where the entire business is sold as a going concern with all the assets and liabilities, the provision of section 41(2) cannot be invoked unless and until the information with regard to the actual cost, the W.D.V. and the sale consideration for each ass…

Commissioner of Income Tax v. Garden Silk Weaving Factory (279 ITR 136) — Cited in 6 Judgments | BharatTax