Hylam Ltd. v. CIT

87 ITR 310High Court1973#13111 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2022.

Judgments citing Hylam Ltd. v. CIT

M/S. the Sandur Manganese & Iron Ores Ltd, Sandur vs. Assistant Commissioner of Income Tax, Circle-1, Bellary

In the result, both the appeals filed by the assessee stands partly allowed

ITA 1965/BANG/2018[2015-16]Status: DisposedITAT Bangalore29 Jun 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri S. Parthasarathi
Section 37(1)

…only for 15 years, and the amounts spent by the assessee being towards the welfare of the workmen, the expenditure should be treated as a revenue expenditure and agreed with the decision of the Andhra Pradesh High Court in Singareni Collieries Co. Ltd. [1980] 121 ITR 466; the Allahbad High Court view expressed in Raza Buland Sugar Co. Ltd. [1980] 122 ITR 817 was held to be distinguishable. 20. Before concluding, it is necessary to refer to one more decision of this court in Hindustan Machine Tools Ltd. (No. 3) v. CIT [1989] 175 ITR 220, wherein the assessee contributed towards the formation of an approach road wh…

M/S. the Sandur Manganese & Iron Ores Ltd, Sandur vs. Assistant Commissioner of Income Tax, Circle-1, Bellary

In the result, both the appeals filed by the assessee stands partly allowed

ITA 1964/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Jun 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri S. Parthasarathi
Section 37(1)

…only for 15 years, and the amounts spent by the assessee being towards the welfare of the workmen, the expenditure should be treated as a revenue expenditure and agreed with the decision of the Andhra Pradesh High Court in Singareni Collieries Co. Ltd. [1980] 121 ITR 466; the Allahbad High Court view expressed in Raza Buland Sugar Co. Ltd. [1980] 122 ITR 817 was held to be distinguishable. 20. Before concluding, it is necessary to refer to one more decision of this court in Hindustan Machine Tools Ltd. (No. 3) v. CIT [1989] 175 ITR 220, wherein the assessee contributed towards the formation of an approach road wh…

Penta Media Graphics Ltd., Chennai vs. DCIT, Chennai

In the result , appeal in ITA no

ITA 1407/CHNY/2015[2009-10]Status: DisposedITAT Chennai08 May 2020AY 2009-10

Bench: Shri Ramit Kochar & Shri Duvvuru R.L.Reddy

For Respondent: Mr. A.Sundararajan, Addl.CIT
Section 143(3)Section 254

…by the assessee on development of software is capital in nature. The assessee had not incurred expenditure towards any asset which is depreciable under the provisions of Income-tax Act. I place reliance on the decision in the case of Hylam Ltd. v. CIT [1973] 87 ITR 310 (AP) for the proposition that if the expenditure was incurred for initial outlay or acquiring or bringing into existence an asset of enduring nature: for the business of the assessee or for expansion of assessee's business or for substantial replacement, it will be treated capital expenditure. 6.9 Software: A computer software is a set of command…

Penta Media Graphics Ltd., Chennai vs. DCIT, Chennai

In the result , appeal in ITA no

ITA 1406/CHNY/2015[2007-08]Status: DisposedITAT Chennai08 May 2020AY 2007-08

Bench: Shri Ramit Kochar & Shri Duvvuru R.L.Reddy

For Respondent: Mr. A.Sundararajan, Addl.CIT
Section 143(3)Section 254

…by the assessee on development of software is capital in nature. The assessee had not incurred expenditure towards any asset which is depreciable under the provisions of Income-tax Act. I place reliance on the decision in the case of Hylam Ltd. v. CIT [1973] 87 ITR 310 (AP) for the proposition that if the expenditure was incurred for initial outlay or acquiring or bringing into existence an asset of enduring nature: for the business of the assessee or for expansion of assessee's business or for substantial replacement, it will be treated capital expenditure. 6.9 Software: A computer software is a set of command…

I.T.O WD - 8(3), Kolkata vs. M/S Ruia Sons Pvt Ltd., Kolkata

In the result the appeal by the revenue is partly allowed

ITA 365/KOL/2013[2009-10]Status: DisposedITAT Kolkata03 Mar 2017AY 2009-10

Bench: Hon’Ble Sri M.Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm] I.T.A No. 365/Kol/2013 Assessment Year : 2009-10 I.T.O., Ward-8(3), -Vs.- M/S. Ruia Sons Pvt. Ltd. Kolkata Kolkata [Pan : Aaccr 3949 Q] (Respondent) (Appellant) For The Appellant : Shri Arup Kumar Sinha, Cit For The Respondent : Shri Manoj Kataruka, Advocate

For Appellant: Shri Arup Kumar Sinha, CITFor Respondent: Shri Manoj Kataruka, Advocate
Section 143(2)Section 143(3)Section 194CSection 194JSection 301Section 40

…fact or by a resulting trust is still with the taxpayer, then there is acquisition of a capital asset and not an expenditure of a revenue character as per ratio laid down in Indian Mosasses Co.(P.) Ltd. v. CIT [1959] 37 ITR 66 (SC), Hylam Ltd. v. CIT [1973.1,87 ITR 310 (AP). Though the dividing line between a capital and revenue ,expenditure is real, yet sometimes it becomes difficult to draw. Therefore, a decision is to be taken in each case in the light of the facts and surrounding circumstances. However, the following judicial pronouncements should be kept. in view while determining whether a particular expen…

I.T.O WD - 7(3), Kolkata. vs. M/S Shalini Properties & Developers Private Limited., Kolkata

In the result the appeal preferred by the revenue is dismissed

ITA 171/KOL/2013[2009-10]Status: DisposedITAT Kolkata28 Feb 2017AY 2009-10

Bench: Hon’Ble Sri M.Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm] I.T.A No. 171/Kol/2013 Assessment Year : 2009-10 I.T.O., Ward-7(3) -Vs.- M/S. Shalini Properties & Developers Kolkata Pvt. Limited., Kolkata [Pan : Aahcs 7896 N] (Respondent) (Appellant) For The Appellant : Shri Arup Kumar Sinha, Cit For The Respondent : Shri Manoj Kataruka, Advocate

For Appellant: Shri Arup Kumar Sinha, CITFor Respondent: Shri Manoj Kataruka, Advocate
Section 143(3)Section 301Section 37(1)

…of fact or by a resulting trust is still with the taxpayer, then there is acquisition of a capital asset and not an expenditure of a revenue character as per ratio laid down in Indian Molasses Co.(P)Ltd. V. cIT [1959] 37 ITR 66 (SC), Hylam Ltd. V. CIT [1973] 87 ITR 310 (AP). Though the dividing line between a capital and revenue expenditure is real, yet sometimes it becomes difficult to draw. Therefore, a decision is to be taken in each case in the light of the facts and surrounding circumstances. However, the following judicial pronouncements should be kept in view while determining whether a particular expendi…

DCIT, New Delhi vs. M/S. Encorp E Services Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 4461/DEL/2011[2007-08]Status: DisposedITAT Delhi11 Jan 2016AY 2007-08

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 1799/Del/2011 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs M/S Encorp E Services Ltd., Tax, Circle-11(1), M-4, Surya Mansion, Kausalya Park, New Delhi New Delhi-110016 (Appellant) (Respondent) Ita Nos. 4460 & 4461/Del/2011 : Asstt. Years : 2006-07 & 2007-08 Dy. Commissioner Of Income Vs M/S Encorp E Services Ltd., Tax, Circle-11(1), Office No. 202, F-46, Bhagat Singh New Delhi Market, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabce3129L Assessee By : Sh. Anoop Sharma, Adv. Revenue By : Ms. Kesang Y. Shirpa, Sr. Dr Date Of Hearing : 26.10.2015 Date Of Pronouncement : 11.01.2016 Order Per N. K. Saini, Am:

For Appellant: Sh. Anoop Sharma, AdvFor Respondent: Ms. Kesang Y. Shirpa, Sr. DR
Section 143(1)

…ly, the AO allowed 1/5th of the expenses amounting to Rs.41,24,784/-, balance of the expenses amounting to Rs.1,64,99,137/- was disallowed and added to the income of the assessee. The reliance was placed on the following case laws: " Hylam Ltd. Vs CIT (1973) 87 ITR 310 (AP) " CIT Vs Singareni Collieries Co. Ltd. (1980) 121 ITR 466 (AP) " Assam Bengal Cement Co. Ltd. Vs CIT (1955) 27 ITR 34 (SC) 6. Being aggrieved the assessee carried the matter to the ld. CIT(A) and submitted as under: “(i) The appellant company in its profit and loss account for the year under reference has claimed Rs.2,06,23,921/- by debiting…

DCIT, New Delhi vs. M/S Encorp E Service Ltd., New Delhi

In the result, the appeals of the department are dismissed

ITA 1799/DEL/2011[2005-06]Status: DisposedITAT Delhi11 Jan 2016AY 2005-06

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 1799/Del/2011 : Asstt. Year : 2005-06 Dy. Commissioner Of Income Vs M/S Encorp E Services Ltd., Tax, Circle-11(1), M-4, Surya Mansion, Kausalya Park, New Delhi New Delhi-110016 (Appellant) (Respondent) Ita Nos. 4460 & 4461/Del/2011 : Asstt. Years : 2006-07 & 2007-08 Dy. Commissioner Of Income Vs M/S Encorp E Services Ltd., Tax, Circle-11(1), Office No. 202, F-46, Bhagat Singh New Delhi Market, New Delhi-110001 (Appellant) (Respondent) Pan No. Aabce3129L Assessee By : Sh. Anoop Sharma, Adv. Revenue By : Ms. Kesang Y. Shirpa, Sr. Dr Date Of Hearing : 26.10.2015 Date Of Pronouncement : 11.01.2016 Order Per N. K. Saini, Am:

For Appellant: Sh. Anoop Sharma, AdvFor Respondent: Ms. Kesang Y. Shirpa, Sr. DR
Section 143(1)

…ly, the AO allowed 1/5th of the expenses amounting to Rs.41,24,784/-, balance of the expenses amounting to Rs.1,64,99,137/- was disallowed and added to the income of the assessee. The reliance was placed on the following case laws: " Hylam Ltd. Vs CIT (1973) 87 ITR 310 (AP) " CIT Vs Singareni Collieries Co. Ltd. (1980) 121 ITR 466 (AP) " Assam Bengal Cement Co. Ltd. Vs CIT (1955) 27 ITR 34 (SC) 6. Being aggrieved the assessee carried the matter to the ld. CIT(A) and submitted as under: “(i) The appellant company in its profit and loss account for the year under reference has claimed Rs.2,06,23,921/- by debiting…

Hylam Ltd. v. CIT (87 ITR 310) — Cited in 8 Judgments | BharatTax