Commissioner of Income Tax v. Monnet Industries Ltd.

350 ITR 304Supreme Court of India2013#16393 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2022.

Judgments citing Commissioner of Income Tax v. Monnet Industries Ltd.

GUJARAT MINERAL DEVELOPMENT CORPORATION LTD.,,AHMEDABAD vs. THE DY.CIT, CIRCLE-4, NOW CIRCLE-2(1)(1),, AHMEDABAD

The appeal of the assessee is partly allowed

ITA 1657/AHD/2015[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…mon funds, and therefore, could not be said to be a separate undertaking so as to disallow expenditure incurred prior to commencement of business. In this regard, he referred to the decision of Hon’ble Apex Court in the case of CIT Vs. Monnet Industries Ltd., 350 ITR 305 (SC) laying down the criteria on which it is to be determined whether the business is to be referred to as ITA No.1747/A/2009, 1657 and 1471/A/2015 6 extension of same business or a different business for the purposes of allowance of claim of expenses on setting up the said new business. 9. Further, in the case of power projects, the ld.counsel…

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT MINERAL DEVELOPMENT CORPORATION LTD.,, AHMEDABAD

The appeal of the assessee is partly allowed

ITA 1471/AHD/2015[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…mon funds, and therefore, could not be said to be a separate undertaking so as to disallow expenditure incurred prior to commencement of business. In this regard, he referred to the decision of Hon’ble Apex Court in the case of CIT Vs. Monnet Industries Ltd., 350 ITR 305 (SC) laying down the criteria on which it is to be determined whether the business is to be referred to as ITA No.1747/A/2009, 1657 and 1471/A/2015 6 extension of same business or a different business for the purposes of allowance of claim of expenses on setting up the said new business. 9. Further, in the case of power projects, the ld.counsel…

GUJARAT MINERAL DEVELOPMENT CORPORATION LTD.,,AHMEDABAD vs. THE JT.CIT.,CIRCLE-4,, AHMEDABAD

The appeal of the assessee is partly allowed

ITA 1747/AHD/2009[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…mon funds, and therefore, could not be said to be a separate undertaking so as to disallow expenditure incurred prior to commencement of business. In this regard, he referred to the decision of Hon’ble Apex Court in the case of CIT Vs. Monnet Industries Ltd., 350 ITR 305 (SC) laying down the criteria on which it is to be determined whether the business is to be referred to as ITA No.1747/A/2009, 1657 and 1471/A/2015 6 extension of same business or a different business for the purposes of allowance of claim of expenses on setting up the said new business. 9. Further, in the case of power projects, the ld.counsel…

COMMISSIONER OF INCOME TAX,DELHI vs. M/S SONA STEERING SYSTEMS LTD.

ITA/160/2001HC Delhi13 Jul 2016

Bench: HON'BLE MS. JUSTICE SUNITA GUPTA,HON'BLE MR. JUSTICE SANJIV KHANNA

…ay Engineering Works Ltd. v. CIT (2009) 311 ITR 405 (Delhi), CIT v. SRF (2015) 372 ITR 425 (Delhi) and as well as CIT v. Monnet Industries Ltd (2011) 332 ITR 627 (Delhi) which was later affirmed by the Supreme Court in CIT v. Monnet Industries Ltd. (2013) 350 ITR 304 (SC) support the case of the Assessee in this regard. 4. Consequently, the said question, which has been framed for the said three AYs 1992-93, 1993-94 and 1995-96, is answered in favour of the Assessee and against the Respondent. 5. ITA Nos. 166 of 2002 and 9 of 2003 are accordingly dismissed. 6. In ITA No. 160 of 2001, for AY 1991…

COMMISSIONER OF INCOME TAX vs. BHARAT HOTELS LIMITED

The appeal is disposed of

ITA-62/2007HC Delhi31 Jul 2015
Section 36Section 43(1)

…ITA No.62 of 2007 Page 1 of 9 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI R-6A Date of Decision: 31st July, 2015 + ITA 62/2007 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr N. P. Sahni, Senior Standing Counsel with Mr Nitin Gulati, Junior Standing Counsel. versus BHARAT HOTELS LIMITED ..... Respondent Through: Mr Ajay Vohra, Senior Advocate with Ms Bhavita Kumar, Advocate. Mr Prakash Kumar, Advocate. CORAM: HON’BLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU DR. S. MURALIDHAR, J. 1. This app…

COMMISSIONER OF INCOME TAX vs. BHARAT HOTELS LIMITED

The appeal is disposed of

ITA/62/2007HC Delhi31 Jul 2015
Section 36Section 43(1)

…ITA No.62 of 2007 Page 1 of 9 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI R-6A Date of Decision: 31st July, 2015 + ITA 62/2007 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr N. P. Sahni, Senior Standing Counsel with Mr Nitin Gulati, Junior Standing Counsel. versus BHARAT HOTELS LIMITED ..... Respondent Through: Mr Ajay Vohra, Senior Advocate with Ms Bhavita Kumar, Advocate. Mr Prakash Kumar, Advocate. CORAM: HON’BLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU DR. S. MURALIDHAR, J. 1. This app…

Commissioner of Income Tax v. Monnet Industries Ltd. (350 ITR 304) — Cited in 6 Judgments | BharatTax