Ill CIT v. Saw Pipes Limited

M/S HILTON ROULUNDS LTD. vs. COMMISSIONER OF INCOME TAX

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…e to the conclusion that the expenditure should be looked upon as revenue expenditure.” 20. Even this Court has had occasion to deal with cases where it had to determine the nature of expenditure i.e., capital or revenue. In CIT v. Saw Pipes Ltd. [2008] 300 ITR 35 (Del), the State Electricity Board had set up electricity lines for which service charges were paid by the Assessee. This Court held that the expenditure for the same should be held to be revenue expenditure. 21. In CIT v. J.K. Synthetics Ltd. (2009) 309 ITR 371 (Del) (hereinafter, „JK Synthetics‟), this Court, dealing with a case where a…

COMMISSIONER OF INCOME TAX vs. BHARTI HEXACOM LTD

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

CIT vs. BHARTI HEXACOM LIMITED

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

COMMISSIONER OF INCOME TAX vs. BHARTI TELENET LTD

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

CIT vs. BHARTIHEXACOM LTD

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

CIT vs. BHARTI AIRTEL LTD

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

COMMISSIONER OF INCOME TAX vs. BHARTI HEXACOM LTD

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

CIT vs. BHARTI CELLULAR LTD

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

COMMISSIONER OF INCOME TAX vs. BHARTI HEXACOM LTD

…the test enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.‖ In CIT vs. Saw Pipes Limited (2008) 300 ITR 35, the Delhi High Court observed, that as the service lines did not belong to the assessee and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India…

CIT vs. BHARTI CELLULAR LTD

…ss ; the lest enunciated by courts have to be applied from a business point of view and on a fair appreciation of the whole fact situation before concluding whether the expenditure is in the nature of capital or revenue.'' Ill CIT VS. Saw Pipes Limited (2008) 300 ITR 35, the Delhi J-Jigh Court observed, that as the service hnes did not belong to the assessce and the expenses were incurred to enable the assessee to conduct its business more efficiently, the expenditure was revenue in nature. 28. Recently, this Bench had dealt with a similar question in the case of Oracle India Pvt. Ltd./Oracle Software India Limit…

COMMISSIONER OF INCOME TAX vs. SAMSUNG INDIA ELECTRONICS LTD.

In the result, all the three appeals filed by the revenue are dismissed with

…and that the payment represented expenditure in the revenue field and was deductable. 11. The revenue carried the matter in appeal before the Tribunal. The Tribunal, on the facts, held that the judgment of this Court in CIT Vs. Saw Pipes Ltd. (2000) 300 ITR 35 was applicable and accordingly agreed with the CIT(Appeals). 12. In our opinion, the question of law has to be answered in favour of the assessee in view of the judgment of this Court cited above. That was also a case where expenditure was incurred by the assessee for laying of electricity transmission lines, which did not become the prop…

COMMISSIONER OF INCOME TAX vs. DART MANUFACTURING INDIA PVT. LTD

Appeal is dismissed

…nditure was of a capital nature. However, the Income-tax Appellate Tribunal held that the expenditure was of a revenue nature. In doing so, the Tribunal relied on the decision of this court in the case of Commissioner of Income-tax v. Saw Pipes Limited: 300 ITR 35. 3. The facts in Saw Pipes Limited (supra) were that the assessee was engaged in the business of manufacturing pipes. The assessee, for the purposes of its fourth unit, requested the Maharashtra State Electricity Board to set up a service line for supply of electricity. The said State Electricity Board supplied these electricity lines,…