Cultural Enterprises Corporation v. CIT

196 ITR 488High Court1992#19759 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Judgments citing Cultural Enterprises Corporation v. CIT

GARVE MOTORS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9,, PUNE

ITA 776/PUN/2018[2013-14]Status: DisposedITAT Pune31 Oct 2022AY 2013-14

Bench: Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No.776/Pun/2018 निर्धारण वर्ा / Assessment Year : 2013-2014 Garve Motors Pvt. Ltd., S.No.136/1A 46, B P Road, Pune – 411016 . . . . . . . अपीऱधर्थी / Appellant Pan:Aadcg4391A बनाम / V/S. Asst. Commissioner Of Income Tax, . . . . . . . . प्रत्यर्थी / Respondent Circle – 9, Pune द्वारा / Appearances Assessee By : Mrs. Deepa Khare Revenue By : Shri M. G. Jasnani सुनवाई की तारीख / Date Of Conclusive Hearing : 26/09/2022 घोषणा की तारीख / Date Of Pronouncement : 07/10/2022 आदेश / Order Per G. D. Padmahshali, Am; The Extant Appeal Challenges The Order Of Commissioner Of Income Tax (Appeals)-6, Pune [For Short “Cit(A)”] Dt. 06/12/2017 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Climbed Out Of Order Of Assessment Dt. 15/03/2016 Passed U/S 143(3) By The Asstt. Commissioner Of Income Tax, Circle-9, Pune [For Short “Ao”] For Assessment Year [For Short “Ay”] 2013-14. Itat-Pune Page 1 Of 12

For Appellant: Mrs. Deepa KhareFor Respondent: Shri M. G. Jasnani
Section 143(2)Section 143(3)Section 250Section 36(1)(iii)Section 40a

…nsidered view that, the expenses incurred by the appellant squarely intra-legem to the provision of section 30(a)(i) of the Act, and the same finds fortified by the decision of the Hon’ble Calcutta High Court in “Cultural Enterprises Corp. Vs CIT” reported in 196 ITR 488, ergo we remove the infirmity in the order of both the tax authorities below by deleting the disallowance carried out u/s 30(a)(i) of the Act. 14. Resultantly, the appeal of the appellant assessee is partly allowed in above terms. In terms of rule 34 of ITAT Rules, the order pronounced in the open court on this Friday 07th day of October, 2022.…

DCIT, NEW DELHI vs. M/S. METSO MINERALS (INDIA) PVT. LTD., NEW DELHI

In the result, the appeal is dismissed

ITA 6681/DEL/2014[2010-11]Status: DisposedITAT Delhi18 Jan 2019AY 2010-11

Bench: : Shri Amit Shukla & Shri L.P. Sahu

Section 143(2)Section 14ASection 36(1)(iii)

…repairs do not fall within the ambit of section 30 & 31 then also assessee is entitled to the expenditure towards repairs, u/s 37 if the expenditure is of the nature of revenue and not capital expenditure. Kindly see Cultural Enterprises Corporation vs CIT, 196 ITR 488 (Cal) d) Assessee has taken the premises At Faridabad on lease w.e.f. 28.07.2008. Agreement was initially for three years and could have been extended for two more terms of three years. Further as per the terms of lease agreement, lessee was under an obligation not to make any pucca construction in the building as well as in the open space witho…

ACIT, SAMBALPUR vs. M/S MAHANADI COALFIELDS LTD, SAMBALPUR

In the result, appeals filed by the revenue for the assessment years

ITA 397/CTK/2013[2010-11]Status: DisposedITAT Cuttack20 Mar 2018AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri S.S.Poddar/N.Kedia, ARFor Respondent: Shri Piyush Kolhe, CIT DR
Section 143(3)

…curred till June, 2011, to substantiate that the total expenditure till June, 2011 was Rs.2923.52 lakhs (Rs.700.13 lakhs + Rs.2223.39 lakhs). The assessee relied on the decision of Hon’ble Calcutta High Court in the case of Cultural Enterprises Corp vs CIT, 196 ITR 488 (Cal) and P&H High Court in the case of CIT vs. Vishal Paper Ind, 351 TIR 478 (P&H). The CIT(A) by following the above said decisions relied by ld A.R. of the assessee deleted the addition. 125. We have heard the rival submissions, perused the orders of lower authorities and materials available on record and also perused the decisions relied…

ITO, WD-11(1), KOLKATA, KOLKATA vs. M/S STOLL BERG INDIA PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 310/KOL/2014[2006-2007]Status: DisposedITAT Kolkata19 Oct 2016AY 2006-2007

Bench: Shri Waseem Ahmed & Shri K.Narsimha Charyassessment Years:2006-07

Section 133(6)Section 143(2)Section 143(3)

…e of a physically, commercially and functionally inseparable part of an entire asset, the expense incurred in relation to such transaction must be treated as an admissible revenue expenditure.” In another case of Cultural Enterprises Corporation v. CIT [1992] 196 ITR 488 (Cal), even where a sum of money is spent for repairs in a particular year because of the fact that regular repairs are allowed to fall into arrears and repairs on extensive scale have to be undertaken to remedy the effect of several year’s negligence, the jurisdictional High Court held that the expenses for such arrears repairs are allowable,” T…

Cultural Enterprises Corporation v. CIT (196 ITR 488) — Cited in 4 Judgments | BharatTax