India Ltd. v. CIT (Supra). He

303 ITR 411High Court2008#2243 most cited

What is India Ltd. v. CIT (Supra). He authority for?

Interest received by an industrial undertaking for belated receipt of sale consideration for its products constitutes business income directly derived from the business and is not taxable as 'income from other sources'. This characterization makes such income eligible for business-related deductions.

51

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2009 to 2024.

Also referred to as

Phatela Cotgin Industries P. Ltd. v. CIT · 303 ITR 411 · interest on delayed sale consideration · business income · derived from business · industrial undertaking · Section 194A · Section 80IA · eligible business · income from other sources

Sections most often in play

Section 194ASection 194HSection 2(28A)Section 201(1)Section 201(1A)Section 250

Issues it is cited on

section 41(1)(a)section 2(28a)section 133a(2a)section 80hdeduction under section 80iasection 194hsection 80hhcsection 80iceligible businessinterest under section 201(1a)section 80hhinterest on securities

Judgments citing India Ltd. v. CIT (Supra). He

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ―I-2‖: NEW DELHI BEFORE SH. I. C. SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Hero MotoCorp Limited, JCIT, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi PAN: AAACH0812J (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Page 2 of 484 New Delhi Vs. Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) M/s. Hero Moto Corp. D…

M/S. Mehta Construction Co., New Delhi vs. JCIT, New Delhi

In the result the appeals filed by the assessee i

ITA 474/DEL/2015[2010-11]Status: DisposedITAT Delhi16 Oct 2015AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…nd Choudhary & Sons, 203 ITR 881 (SC) ii. Nirman Industries Ltc. Vs. DCIT, 283 ITR 402(Guj.) iii. Konkan Barge Builders (P) Ltd. Vs. ITO and Anr, 297 ITR 39(Bom.) iv. CIT Vs. Bhansali Engg. Polymars Ltd., 306 ITR 194(Bom.) v. Phatela Cotgin Pvt. Ltd. Vs. CIT, 303 ITR 411 (P&H) 5. On the other hand, the learned DR relied on the orders of the authorities below. 6. We heard the rival submissions and perused the material on record. In the present appeals there are mainly two issues, one issue is regarding the rejection of book results and the other issue is regarding taxability of interest received by it due to delay…

ACIT, New Delhi vs. M/S Mehta Construction Co., New Delhi

In the result the appeals filed by the assessee i

ITA 4366/DEL/2012[2009-10]Status: DisposedITAT Delhi16 Oct 2015AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…nd Choudhary & Sons, 203 ITR 881 (SC) ii. Nirman Industries Ltc. Vs. DCIT, 283 ITR 402(Guj.) iii. Konkan Barge Builders (P) Ltd. Vs. ITO and Anr, 297 ITR 39(Bom.) iv. CIT Vs. Bhansali Engg. Polymars Ltd., 306 ITR 194(Bom.) v. Phatela Cotgin Pvt. Ltd. Vs. CIT, 303 ITR 411 (P&H) 5. On the other hand, the learned DR relied on the orders of the authorities below. 6. We heard the rival submissions and perused the material on record. In the present appeals there are mainly two issues, one issue is regarding the rejection of book results and the other issue is regarding taxability of interest received by it due to delay…

ACIT, New Delhi vs. M/S. Mehta Construction Co., New Delhi

In the result the appeals filed by the assessee i

ITA 2561/DEL/2012[2008-09]Status: DisposedITAT Delhi16 Oct 2015AY 2008-09

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…nd Choudhary & Sons, 203 ITR 881 (SC) ii. Nirman Industries Ltc. Vs. DCIT, 283 ITR 402(Guj.) iii. Konkan Barge Builders (P) Ltd. Vs. ITO and Anr, 297 ITR 39(Bom.) iv. CIT Vs. Bhansali Engg. Polymars Ltd., 306 ITR 194(Bom.) v. Phatela Cotgin Pvt. Ltd. Vs. CIT, 303 ITR 411 (P&H) 5. On the other hand, the learned DR relied on the orders of the authorities below. 6. We heard the rival submissions and perused the material on record. In the present appeals there are mainly two issues, one issue is regarding the rejection of book results and the other issue is regarding taxability of interest received by it due to delay…

M/S. Mehta Construction Co., New Delhi vs. ITO, New Delhi

In the result the appeals filed by the assessee i

ITA 3967/DEL/2010[2007-08]Status: DisposedITAT Delhi16 Oct 2015AY 2007-08

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…nd Choudhary & Sons, 203 ITR 881 (SC) ii. Nirman Industries Ltc. Vs. DCIT, 283 ITR 402(Guj.) iii. Konkan Barge Builders (P) Ltd. Vs. ITO and Anr, 297 ITR 39(Bom.) iv. CIT Vs. Bhansali Engg. Polymars Ltd., 306 ITR 194(Bom.) v. Phatela Cotgin Pvt. Ltd. Vs. CIT, 303 ITR 411 (P&H) 5. On the other hand, the learned DR relied on the orders of the authorities below. 6. We heard the rival submissions and perused the material on record. In the present appeals there are mainly two issues, one issue is regarding the rejection of book results and the other issue is regarding taxability of interest received by it due to delay…

Commissioner of Income Tax vs. Poddar Pigments Ltd

The appeal is dismissed

ITA/347/2010HC Delhi07 Apr 2010

Bench: The Income-Tax Appellate Tribunal, Which, By The Impugned Order, Has Dismissed The Said Appeal. The Tribunal Came To The Conclusion That The Bad Debts Issue Had Already Been Considered In The Original Proceedings Under Section 143(3) And, Therefore, The Same Could Not Be Reopened In Reassessment Proceedings. We Find No Infirmity In The View Taken By The Tribunal On This Aspect Of The Matter.

For Appellant: Ms Sonia Mathur with Mr Sumit Kumar SinghFor Respondent: None
Section 143(3)Section 80

…v. Deputy Commissioner of Income-tax: 283 ITR 402 (Guj). This court also considered several other decisions of the other High Courts. They are:- ITA No.347/10 Page No.3 of 4 (i) Phatela Cotgin Industries (P) Ltd. v. Commissioner of Income-tax: 303 ITR 411 (P&H); (ii) Commissioner of Income-tax v. Flender Macneill Gears Ltd: 150 ITR 83 (Cal); (iii) Tata Sponge Iron Ltd v. Commissioner of Income-tax: 292 ITR 175 (Orissa); and (iv) Commissioner of Income-tax v. Indo Matsushita Carbon Co. Ltd: 286 ITR 201 (Mad). 4. The court also considered the decision of the Supreme Court in the c…

C.I.T vs. Jackson Engineers Ltd

Appeal stands disposed of in the

ITA/251/2008HC Delhi23 Dec 2009

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

Section 80I

…of the sale of goods and the income is derived from the business of industrial undertaking. 15. Same view is expressed by various other High Courts in the following judgments :- (i) Phatela Cotgin Industries (P) Ltd. v. Commissioner of Income Taxm 303 ITR 411 (P&H) (ii) Commissioner of Income Tax v. Flender Macneil Gears Ltd.,150 ITR 83 (Cal) (iii) Tata Sponge Iron Ltd. v. Commissioner of Income Tax 292 ITR 175 (Orissa) (iv) Commissioner of Income Tax v. Indo Matsushita Carbon Co. Ltd., 286 ITR 201 (Mad) 16. There is no reason to depart from the aforesaid view taken consistently by v…

Commissioner of Income Tax vs. Jackson Engineers Ltd

Appeal stands disposed of in the

ITA-251/2008HC Delhi23 Dec 2009
Section 80I

…of the sale of goods and the income is derived from the business of industrial undertaking. 15. Same view is expressed by various other High Courts in the following judgments :- (i) Phatela Cotgin Industries (P) Ltd. v. Commissioner of Income Taxm 303 ITR 411 (P&H) (ii) Commissioner of Income Tax v. Flender Macneil Gears Ltd.,150 ITR 83 (Cal) (iii) Tata Sponge Iron Ltd. v. Commissioner of Income Tax 292 ITR 175 (Orissa) (iv) Commissioner of Income Tax v. Indo Matsushita Carbon Co. Ltd., 286 ITR 201 (Mad) 16. There is no reason to depart from the aforesaid view taken consistently by v…

Commissioner of Income Tax vs. M/S Bharat Rasayan Limited

ITA - 765 / 2007HC Delhi30 Nov 2009
Section 80

…esult of the sale of goods a income is <u>derived from</u> the business of industrial undertaking. - 15. Same view is expressed by various other High Courts in the following judgments:- - (i) Phatela Cotgin Industries (P) Ltd. v. Commissioner of Income Tax 303 ITR 411 (P&H) - (ii) Commissioner of Income Tax v. Flender Macneil Gears Ltd., 150 ITR 83 (Cal) - (iii) Tata Sponge Iron Ltd. v. Commissioner of Income Tax 292 ITR 175 (Orissa) - (iv) Commissioner of Income Tax v. Indo Matsushita Carbon Co. Ltd., 286 ITR 201 (Mad) - 16. There is no reason to depart from the aforesaid view taken consistently by vari…

C.I.T vs. Bharat Rasayan Ltd

ITA - 816 / 2007HC Delhi30 Nov 2009
Section 80

…e hire sale price and is clearly derived from the sales made and is not divorced 2009:DHC:9288-DB - 15. Same view is expressed by various other High Courts in the following judgments:- - (i) Phatela Cotgin Industries (P) Ltd. v. Commissioner of Income Tax 303 ITR 411 (P&H) - (ii) . Commissioner of Income Tax v. Flender Macneil Gears Ltd., 150 ITR 83 (Cal) - (iii) Tata Sponge Iron Ltd. v. Commissioner of Income Tax 292 ITR 175 (Orissa) - (iv) Commissioner of Income Tax v. Indo Matsushita Carbon Co. Ltd., 286 ITR 201 (Mad) - 16. There is no reason to depart from the aforesaid view taken consistently by va…

Commissioner of Income Tax Delhi I vs. Bharat Rasayan Ltd

ITA - 796 / 2007HC Delhi30 Nov 2009
Section 80

…result of the sale of goods income is <u>derived from</u> the business of industrial undertaking. - 15. Same view is expressed by various other High Courts in the following judgments:- - (i) Phatela Cotgin Industries (P) Ltd. v. Commissioner of Income Tax 303 ITR 411 (P&H) - (ii) Commissioner of Income Tax v. Flender Macneil Gears Ltd., 150 ITR 83 (Cal) - (iii) Tata Sponge Iron Ltd. v. Commissioner of Income Tax 292 ITR 175 (Orissa) - (iv) Commissioner of Income Tax v. Indo Matsushita Carbon Co. Ltd., 286 ITR 201 (Mad) - 16. There is no reason to depart from the aforesaid view taken consistently by vari…