Fluorescent Fixtures (P.) Ltd. v. ITO

34 SOT 48Income Tax Appellate Tribunal2009#24568 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 142(1)Section 143(3)Section 147 Section 148 Section 14A Section 263 Section 271(1)(b)

Judgments citing Fluorescent Fixtures (P.) Ltd. v. ITO

Chaitanya Sureshchandra Joshi, Mumbai vs. ACIT, Circle 22(1), Mumbai

In the result the appeal filed by the assessee stands allowed as indicated here in above

ITA 5939/MUM/2024[2014-15]Status: DisposedITAT Mumbai24 Mar 2025AY 2014-15

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Section 143(3)Section 147Section 148Section 14A

…ing was already available on record. The Ld.AR placed reliance on following decision expert of this contention : 1) In Kamalchand v. ITO (1981) 128 ITR 290/(1980) 4 Taxman 216 (MP), Madhya Pradesh High Court. 2) In Fluorescent Fixtures Pvt. Ltd. V, ITO (2009) 34 SOT 48 (Mum) 3) In CIT v. Ranjit Kaur (2003) 81 TTJ (Chd.)269 4) In CIT v. Smithkline Beecham Consumer Brands Ltd. (2003) 126 Taxman 104(Chd.)(Mag.) 4.3 On the contrary the Ld.DR relied on the orders passed by the authorities below. We have perused the submissions advance by both sides in the light of record placed before us. 5. Admittedly the Ld.AO raise…

Mangmo Textiles P.Ltd, Mumbai vs. ITO 8(2)(3), Mumbai

ITA 6076/MUM/2014[2011-12]Status: DisposedITAT Mumbai23 May 2018AY 2011-12

For Appellant: Shri Manjunath PrabhuFor Respondent: Shri Suman Kumar-DR

Section 143(3)Section 254(1)Section 32Section 48Section 50Section 50(2)

…it would not be entitled to claim depreciation until and unless it was put to use,that for computing capital gains as per section 50 of the Act there was no condition of asset to use. He referred to the cases of Artic (68 ITD 462), Fluorescent Fixtures Ltd. (34 SOT 48),Oceanic Investments Ltd. (507 TTJ 549) and Ansal Properties and Infrastructure Ltd.(44 SOT236). The Departmental Representative(DR)contended that the assessee had not acquired the asset or nor has put the asset to use,that in the balance sheet it had shown the gala as work in progress,that gala could not be treated as part of the block. 5.We have…

D.C.I.T., Circle-10, Kolkata vs. M/S Vatican Commercial Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 2623/KOL/2013[2004-2005]Status: DisposedITAT Kolkata26 Jul 2017AY 2004-2005

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 115JSection 143(1)Section 143(3)Section 147Section 148Section 14A

…ssessing Officer, the assessment could not be reopened. The Court held that if amounts only to change of opinion without anything else. Reassessment without any additional information amounts to change of opinion – Fluorescent Fixtures (P.) Ltd. V. ITO [2009] 34 SOT 48 (Mum). Similarly, where full facts and information regarding claim of depreciation at higher rate on commercial vehicles were furnished by the assessee and the Assessing Officer had consistently taken a view that higher depreciation was available, he could not re- open assessments subsequently under section 147 on mere change of opinion that higher…