DCIT v. Gujarat Alkalies & Chemicals Ltd.

299 ITR 85Supreme Court of India2008#13954 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,356 Indian tax judgments — from 2016 to 2021.

Sections most often in play

Section 143(3)Section 144C(13)Section 80A(6)Section 80IA Section 80IA(8)

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Judgments citing DCIT v. Gujarat Alkalies & Chemicals Ltd.

The Principal Commissioner of Income Tax vs. M/S. Apollo Tyres Ltd

Appeal is allowed in part as indicated

ITA/44/2017HC Kerala22 Sept 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM

For Appellant: M/S. APOLLO TYRES LTDFor Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

Section 143(3)Section 144CSection 144C(5)Section 35Section 43ASection 92C

…the Income-tax Act, 1961. To the same effect is the judgment of this court in the case CIT v. Sivakami Mills Ltd. [1997] 227 ITR 465. For the aforestated reasons, we answer question No. (1) in favour of the assessee and against the Department. We may 8 (2008) 299 ITR 85 (SC) 9 (2013) 33 taxmann.com 575 (Cochin-Trib.) ITA No.44/2017 -23- clarify that both the above judgments allow deduction under section 37 of the 1961 Act and not under section 36(1)(iii) of the 1961 Act. In this case, the Tribunal has allowed the claim under section 37 and not only section 36(1)(iii), hence there is no infirmity therein. As…

Maxim India Integrated Circuit Design Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

ITA 411/BANG/2016[2011-12]Status: DisposedITAT Bangalore05 Jan 2021AY 2011-12

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.411/Bang/2016 Assessment Year: 2011-12

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Shri Rajesh Kumar Jha, D.R

Section 10ASection 143(3)

…distinguished the decisions relied upon by the lower authorities on facts of the present case. While arriving at the above finding we also draw support from the decision of Hon’ble Supreme Court in the case of DCIT vs. Gujarat Alkalies & Chemicals Ltd. [2008] 299 ITR 85 (SC) cited by the Ld. AR wherein it was held that extension' implies starting of a new business activity. Keeping in view the above said meaning we are of the view that the telecom equipment purchased by the Appellant using the ECB loans was for continuation of the existing business only and not for the extension of business. Hence, the said provi…

M/S at & T Global Betwork Services (India) Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, the appeal of assessee in ITA No

ITA 4882/DEL/2013[2008-09]Status: DisposedITAT Delhi10 May 2019AY 2008-09

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[A.Y 2008-09] At &T Global Network Services [India] Vs. The Dy. C.I.T Pvt Ltd, Vatika Triangle Circle - 2 (1) 3Rd Floor, Sushant Lok - I New Delhi Block A, Gurgaon Pan: Aafca 8810 L [A.Y 2008-09] The Dy. C.I.T Vs. At &T Global Network Services Circle 2(1) [India] Pvt Ltd, Vatika Triangle 3Rd Floor, Sushant Lok - I New Delhi Block A, Gurgaon Pan: Aafca 8810 L (Applicant) (Respondent) Assessee By : Shri Kanchan Kaushal, Adv Ms. Chinu Bhasin, Ca Department By : Shri H.K. Choudhary, Cit-Dr

For Appellant: Shri Kanchan Kaushal, AdvFor Respondent: Shri H.K. Choudhary, CIT-DR

Section 143(3)Section 144CSection 144C(1)Section 153Section 234B

…istinguished the decisions relied upon by the lower authorities on facts of the present case. While arriving at the above finding we also draw support from the decision of Hon'ble Supreme Court in the case of DCIT vs. Gujarat Alkalies & Chemicals Ltd. [2008] 299 ITR 85 (SC) cited by the Ld. AR wherein it was held that ‗extension' implies starting of a new business activity. Keeping in view the above said meaning we are of the view that the telecom equipment purchased by the Appellant using the ECB loans was for continuation of the existing business 20 | P a g e AT & T Global Network Services (India) Pvt Ltd V DC…

M/S the Himalaya Drug Company, Bangalore vs. DCIT, Bangalore

In the result, the assessee’s appeal for Assessment Year 2011-12 is partly allowed

ITA 187/BANG/2015[2010-11]Status: DisposedITAT Bangalore30 Apr 2019AY 2010-11

Bench: Shri Jason P Boaz & Shri Laliet Kumarit(Tp)A No.187/Bang/2015 Assessment Year : 2010-11

For Appellant: Shri. Padam Chand Khincha, CAFor Respondent: Smt. Susan D. George, CIT-DR

Section 143(1)Section 143(3)Section 144C(5)Section 36(1)(iii)Section 92CSection 92C(2)

….4.3 Similarly, the ITAT – Delhi Bench in the case of AT & T Global Services (India) P Ltd., Vs. DCIT (2017) 86 taxmann.com 158 (Delhi – Trib); relying on the decision of the Hon’ble Apex Court in the case of DCIT Vs. Gujarat Alkalies & Chemicals Ltd., (2008) 299 ITR 85; at para 18 thereof has held as under:- IT(TP)A No.187/Bang/2015 Page 49 of 50 “18. ______ …………………………The word "extension" has not been defined in the Income-tax Act, 1961 and one has to resort to the popular meaning of the term. The dictionary meaning of the word "extend" is a part that is added to something to enlarge or prolong it, addition, ad…

Jindal Steel & Power Ltd., New Delhi vs. ACIT, Hisar

In the result, the appeal of the assessee is partly allowed

ITA 893/DEL/2014[2009-10]Status: DisposedITAT Delhi29 Apr 2019AY 2009-10

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 893/Del/2014 : Asstt. Year : 2009-10 Jindal Steel & Power Ltd., Vs Asstt. Commissioner Of Jindal Centre, 12, Bhikaji Cama Income Tax, Hisar Circle, Place, New Delhi-110066 Hisar (Appellant) (Respondent) Pan No. Aaacj7079D Assessee By : Sh. Salil Kapoor, Adv., Sh. Sumit Lal Chandani, Adv., Ms. Ananya Kapoor, Adv. & Ms. Pallavi Saigal, Adv. Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing :05.03.2019 Date Of Pronouncement : 29.04.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer U/S 143(3)/144C(13) Of The Income Tax Act, 1961 Dated 29.10.2018 For Assessment Years 2013-14

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR

Section 143(3)Section 144CSection 80Section 80I

…" L.M.Chhabda & Sons Vs. CIT: 65 ITR 639 (SC) " Produce Exchange Corporation Ltd. Vs. CIT: 77 ITR 739 (SC) " B .R.Ltd. Vs. V.P.Gupta CIT Bombay: 113 ITR 647 (SC) " Veecumsees Vs. CIT 220 ITR 185 (SC) " DCIT, Baroda Vs. Gujarat Alkialier & Chemicals Pvt. Ltd.: 299 ITR 85 (SC) " DCIT Vs. Core health Care Ltd. : 298 ITR 194 (SC) " CIT Vs. Modi Industries Ltd. (No. 3): 200 ITR 341(Delhi) " CIT Vs. Triveni Engineering and Industries Limited. : 181Taxman 5 (Delhi) " CIT Vs. Relaxo Footwears Ltd. : 293 ITR 231 (Delhi) " CIT Vs. Usha Iron & Ferro Metal Corp. Ltd. : 296 ITR 140 (Delhi) " CIT Vs. Rane (Madras) Ltd. : 293 I…

M/S. at & T Global Network Services (India) Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result, appeal of the assessee is partly allowed and appeal of the revenue is dismissed

ITA 2538/DEL/2014[2009-10]Status: DisposedITAT Delhi18 Sept 2017AY 2009-10

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiat & T Global Network Services Dcit, (India) Pvt Ltd., Circle-2(1), Vs. Vatika Lok-1, Block-A, Gurgaon New Delhi Pan:Aafca8810L (Appellant) (Respondent) Dcit, At & T Global Network Services Circle-2(1), (India) Pvt Ltd., Vs. New Delhi Vatika Lok-1, Block-A, Gurgaon Pan:Aafca8810L (Appellant) (Respondent)

For Appellant: Shri Kanchan Kaushal, CAFor Respondent: Shri N C Swain CIT DR

Section 143(3)Section 144CSection 144C(5)Section 32Section 36

…distinguished the decisions relied upon by the lower authorities on facts of the present case. While arriving at the above finding we also draw support from the decision of Hon‘ble Supreme Court in the case of DCIT vs. Gujarat Alkalies & Chemicals Ltd. [2008] 299 ITR 85 (SC) cited by the Ld. AR wherein it was held that ‗extension‘ implies starting of a new business activity. Keeping in view the above said meaning we are of the view that the telecom equipment purchased by the Appellant using the ECB loans was for continuation of the existing business 20 | P a g e AT & T Global Network Services (India) Pvt Ltd V…

The Commissioner of Income Tax - TDS vs. M/S Market Probe India Pvt Ltd

The appeal is dismissed

RP/395/2014HC Karnataka16 Dec 2016

Bench: The Hon'Ble Mr. Justice Ravi Malimath

Section 260A

…ring learned counsels, we are of the view that there is no merit in this appeal. The Tribunal in the assessee’s earlier case has followed the decision of the Hon’ble Apex Court in the case of DCIT v. GUJARAT ALAKALIES & CHEMICALS LTD. reported in 299 ITR 85 SC and the decision of the Tribunal in the case of M/S. GOLF VIEW HOMES LTD. in I.T.A. Nos.3125 & 1742/BANG/2004 dated 26-8-2005. Hence, there is no substantial question of law that arises for consideration. Consequently, the appeal is dismissed. SD/- SD/- JUDGE JUDGE kvk…