Commissioner of Income Tax v. Nestor Pharmaceuticals Limited

322 ITR 631High Court2010#14060 most cited

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. Nestor Pharmaceuticals Limited

PRINCIPAL COMMISSIONER INCOME TAX 4, KOLKATA vs. INTERNATIONAL SEAPORTS (HALDIA) PVT LTD

Accordingly, the appeal fails and the same is dismissed

ITAT/421/2016HC Calcutta01 Aug 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : August 01, 2022. [Via Video Conference] Appearance : Mr. Tilak Mitra, Adv. Mr. Prithu Dudhoria, Adv., ….For Appellant Ga/1/2016 (Old No. Ga/3475/2016) The Court : There Is A Delay Of 63 Days In Filing The Appeal. Affidavit-Of-Service Has Been Filed By The Appellant On 5Th July, 2017 Stating That The Notice Sent By Registered Post With Acknowledgement Due Has Been Served Upon The Respondent/Assessee On 29Th October, 2016. Despite Service Of Notice Respondent Did Not Appear. In Any Event, The Delay Is Only 63 Days And, Therefore, We Exercise Our Discretion To Condone The Delay In Filing The Appeal. Accordingly, The Application For Condonation Of Delay Is Allowed.

Section 260A

…the above we reverse the order of the ld. CIT(A) and allow the appeal of the assessee.” Apart from that learned Tribunal also placed reliance on the decision of the Delhi High Court in the case of Commissioner of Income Tax Vs. Nestor Pharmaceuticals limited 322 ITR 631. Thus, we find that the tribunal rightly appreciated the factual position and then granted relief to the assessee. Thus, we find there is no question of law much less substantial question of law arises for consideration in this appeal. Accordingly, the appeal fails and the same is dismissed. Consequently, the stay application, GA/2/2016 (OLD NO.…

THE ACIT, CIRCLE, RATLAM vs. M/S. MAHALAXMI INVESTMENT AND TRADING PVT. LTD., RATLAM

ITA 956/IND/2016[2011-12]Status: DisposedITAT Indore25 May 2021AY 2011-12

Bench: Shri Manish Borad & Miss Madhumita Roy

Section 143(3)Section 148Section 80I

…h ignoring the decisions of Commissioner of Income Tax, Poona vs. Hindustan Antibiotics Ltd., 93 ITR 548(Bom), Commissioner of Income Tax vs. Food Specialities Ltd., 156 ITR 790 (Del) and Commissioner Of Income Tax ... vs Nestor Pharmaceuticals Limited (2010) 322 ITR 631 (Delhi), 4.On the facts and in the circumstances of the case the Id. CIT is erred in holding "that plant & machinery was ready to put to use prior to 31.03.2002, while the assessee has shown fixed assets as capital work in progress and claimed no depreciation for the A.Y. 2002-03. 5.On the facts and in the circumstances of the case the Id. CIT is…

THE ACIT CIRCLE,RATLAM vs. M/S. MAHALAXMI INVESTMENT AND TRADING PVT. LTD., RATLAM

ITA 955/IND/2016[2010-11]Status: DisposedITAT Indore25 May 2021AY 2010-11

Bench: Shri Manish Borad & Miss Madhumita Roy

Section 143(3)Section 148Section 80I

SOLARFIELD ENERGY PVT. LTD.,MUMBAI vs. ITO WARD 2(3)(3), MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 5189/MUM/2016[2012-13]Status: DisposedITAT Mumbai16 Jul 2019AY 2012-13

Bench: Shri Pawan Singh & Shri M Balaganesh

Section 143(3)Section 154

…of the Id. CIT(A) and direct the lower authorities to adjust the trial run income from preoperative expenses of the assessee. We are relying on the judgment of the^ Delhi High Court in the case of Commissioner of Income Tax Vs. Nestor Pharmaceuticals Limited 322 ITR 631 where itwas held that : "The assessee was in the business of manufacture of pharmaceutical formulation in bulk drugs and supplying drugs to the Government hospitals, institutions besides selling the product in domestic and foreign markets. It claimed the benefit under section 80-IA/80-IB of the Income-tax Act, 1961. It carried out trial productio…

ECO AXIS SYSTEMS P.LTD,MUMBAI vs. DCIT RG 2(1), MUMBAI

In the result, the appeal is partly allowed

ITA 730/MUM/2013[2008-09]Status: DisposedITAT Mumbai10 Aug 2018AY 2008-09

Bench: Shri C N Prasad & Shri Rajesh Kumarassessment Year : 2008 - 09 M/S. Eco Axis Systems Private Dy Cit Range 2(1), Limited, Mumbai Vs. 43, Dr. V B Gandhi Marg, Fort, Mumbai 400 023. Pan Aaacf8154H (Appellant) (Respondent)

For Appellant: Shri Nitesh Joshi & Shri Mihir ShahFor Respondent: Shri V Justin

Section 143(3)

…er of the ld. CIT(A) and direct the lower authorities to adjust the trial run income from preoperative expenses of the assessee. We are relying on the judgment of the Delhi High Court in the case of Commissioner of Income Tax Vs.Nestor Pharmaceuticals Limited 322 ITR 631 where it was held that : “The assessee was in the business of manufacture of pharmaceutical formulation in bulk drugs and supplying drugs to the Government hospitals, institutions besides selling the product in domestic and foreign markets. It claimed the benefit under section 80-IA/80-IB of the Income-tax Act, 1961. It carried out trial product…

INTERNATIONAL SEAPORTS (HALDIA) PVT. LTD.,HOOGHLY vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, assessee appeal is partly allowed for statistical purposes

ITA 1194/KOL/2010[2004-05]Status: DisposedITAT Kolkata20 Jan 2016AY 2004-05

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2004-05

Section 143(3)

…r of the ld. CIT(A) and direct the lower authorities to adjust the trial run income from preoperative expenses of the assessee. We are relying on the judgment of the Delhi High Court in the case of Commissioner of Income Tax Vs. Nestor Pharmaceuticals Limited 322 ITR 631 where it was held that : “The assessee was in the business of manufacture of pharmaceutical formulation in bulk drugs and supplying drugs to the Government hospitals, institutions besides selling the product in domestic and foreign markets. It claimed the benefit under section 80-IA/80-IB of the Income-tax Act, 1961. It carried out trial producti…

ACE MANUFACTURING SYSTEMS LIMITED vs. THE ADDL. COMMISSIONER OF INCOME-TAX

Appeal stands dismissed

ITA/793/2009HC Karnataka02 Jun 2015

Bench: ARAVIND KUMAR,MOHAN M. SHANTANAGOUDAR

Section 143(2)Section 143(3)Section 260Section 80I

…1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2015 PRESENT THE HON'BLE MR.JUSTICE MOHAN M SHANTANAGOUDAR AND THE HON’BLE MR. JUSTICE ARAVIND KUMAR ITA NO.793/2009 BETWEEN: ACE MANUFACTURING SYSTEMS LIMITED PLOT NO.467-469, 12TH CROSS, 4TH PHASE, PEENYA INDUSTRIAL AREA, BENGALURU – 560 058 (REPRESENTED BY MR.P.RAMADAS, MANAGING DIRECTOR) …APPELLANT (BY SRI.T.SURYANARAYANA FOR M/S.KING & PARTRIDGE, ADVOCATE) AND: THE ADDL. COMMISSIONER OF INCOME-TAX (LTU) JSS TOWERS, 100 FT. RING ROAD, BANSANKARI III STAGE, BENGALURU – 560 085 …RESP…