Commissioner of Income Tax v. Kanodia Cold Storage

100 ITR 155High Court1975#14635 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2019.

Judgments citing Commissioner of Income Tax v. Kanodia Cold Storage

Degustibus Hospitality P. Ltd, Mumbai vs. DCIT 5(1)(2), Mumbai

In the result, the appeal is partly allowed

ITA 526/MUM/2017[2013-14]Status: DisposedITAT Mumbai04 Oct 2019AY 2013-14

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2013-14 M/S Degustibus Hospitality Dcit-5(1), Aayakarbhavan, M.K. Pvt. Ltd., 8Th Floor, Road, Mumbai-400020. Vs. Baktawar Building, Near Sakharbhavan, Nariman Point, Mumbai-400021. Pan No. Aabcd3674P Appellant Respondent

For Appellant: Mr. Sunil A. Desai, ARFor Respondent: Mr. D.G. Pansari, DR
Section 143(3)

…eciation at 10% but not under ‘plant & machinery’ which is eligible for 15%. Thus he confirmed the disallowance of Rs.45,66,996/- made by the AO. 5. Before us, the Ld. counsel for the assessee files a copy of the decision in CIT v. Konadia Cold Storage (1975) 100 ITR 155 (All), CIT v. Taj Mahal Hotel (1971) 82 ITR 44 (SC), CIT v. Dr. B. Venkata Rao (2000) 243 ITR 81 (SC), CIT v. Navodaya (2004) 271 ITR 173 (Ker) and DCIT v. Astra Idl Ltd. (2001) 247 ITR 564 (Karn.). The Ld. counsel submits that in Kanodia Cold Storage (supra), it is held that building used in cold storage is plant and entitled to higher depreciat…

ACIT, Chennai vs. M/S. Neyveli Lignite Corporation Ltd., Neyveli

In the result, the Revenue’s appeals in ITA Nos

ITA 222/CHNY/2009[2000-01]Status: DisposedITAT Chennai26 Jun 2015AY 2000-01

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…High Court. While affirming the order of the Tribunal, the Hon’ble Allahabad High Court observed as under: “We find that the controversy stands concluded by the judgement of this Court in the case of Commissioner of Income Tax Vs. Kanodia Cold Storage [1975]100 ITR 155 wherein it has been held as follows(headnote): "Replacement of worn out parts does not by itself bring in a new asset. In considering the nature of an expenditure one should consider the productive unit as a whole and not pick out parts therein which are new. If the productive unit to the assessee remains the same but a part of it which has beco…

M/S. Neyveli Lignite Corporationlimited, Neyveli vs. ACIT, Chennai

In the result, the Revenue’s appeals in ITA Nos

ITA 177/CHNY/2009[2001-02]Status: DisposedITAT Chennai26 Jun 2015AY 2001-02

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…High Court. While affirming the order of the Tribunal, the Hon’ble Allahabad High Court observed as under: “We find that the controversy stands concluded by the judgement of this Court in the case of Commissioner of Income Tax Vs. Kanodia Cold Storage [1975]100 ITR 155 wherein it has been held as follows(headnote): "Replacement of worn out parts does not by itself bring in a new asset. In considering the nature of an expenditure one should consider the productive unit as a whole and not pick out parts therein which are new. If the productive unit to the assessee remains the same but a part of it which has beco…

ACIT, Chennai vs. M/S. Neyveli Lignite Corporation Limited, Neyveli

In the result, the Revenue’s appeals in ITA Nos

ITA 529/CHNY/2006[2002-03]Status: DisposedITAT Chennai26 Jun 2015AY 2002-03

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…High Court. While affirming the order of the Tribunal, the Hon’ble Allahabad High Court observed as under: “We find that the controversy stands concluded by the judgement of this Court in the case of Commissioner of Income Tax Vs. Kanodia Cold Storage [1975]100 ITR 155 wherein it has been held as follows(headnote): "Replacement of worn out parts does not by itself bring in a new asset. In considering the nature of an expenditure one should consider the productive unit as a whole and not pick out parts therein which are new. If the productive unit to the assessee remains the same but a part of it which has beco…

M/S. Neyveli Lignite Corporation Limited, Neyveli vs. ITO, Cuddalore

In the result, the Revenue’s appeals in ITA Nos

ITA 782/CHNY/2005[-]Status: DisposedITAT Chennai26 Jun 2015

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…High Court. While affirming the order of the Tribunal, the Hon’ble Allahabad High Court observed as under: “We find that the controversy stands concluded by the judgement of this Court in the case of Commissioner of Income Tax Vs. Kanodia Cold Storage [1975]100 ITR 155 wherein it has been held as follows(headnote): "Replacement of worn out parts does not by itself bring in a new asset. In considering the nature of an expenditure one should consider the productive unit as a whole and not pick out parts therein which are new. If the productive unit to the assessee remains the same but a part of it which has beco…

ACIT, Chennai vs. M/S. Neyveli Lignite Corporation Limited, Neyveli

In the result, the Revenue’s appeals in ITA Nos

ITA 374/CHNY/2004[2001-02]Status: DisposedITAT Chennai26 Jun 2015AY 2001-02

Bench: Shri N.R.S. Ganesan & Shri Chandra Poojari] आयकर अपील सं./I.T.A.Nos. 374/2004, 529/2006 & 222/2009 "नधा"रण वष" /Assessment Years : 2001-02, 2002-03 & 2000-01. The Assistant Commissioner Vs. M/S. Neyveli Lignite Of Income Tax, Corporation Ltd, Company Circle Iv(4), Neyveli 607 801. Chennai

For Respondent: Shri. E.S. Nagendra Prasad
Section 31Section 37

…High Court. While affirming the order of the Tribunal, the Hon’ble Allahabad High Court observed as under: “We find that the controversy stands concluded by the judgement of this Court in the case of Commissioner of Income Tax Vs. Kanodia Cold Storage [1975]100 ITR 155 wherein it has been held as follows(headnote): "Replacement of worn out parts does not by itself bring in a new asset. In considering the nature of an expenditure one should consider the productive unit as a whole and not pick out parts therein which are new. If the productive unit to the assessee remains the same but a part of it which has beco…

Commissioner of Income Tax v. Kanodia Cold Storage (100 ITR 155) — Cited in 6 Judgments | BharatTax