Indo Rama Synthetics India Ltd. v. CIT

333 ITR 18High Court2011#2813 most cited

What is Indo Rama Synthetics India Ltd. v. CIT authority for?

Expenditure incurred on a business project that fails to materialize or is abandoned due to reasons not attributable to the assessee is treated as revenue expenditure and is deductible.

42

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2013 to 2026.

Also referred to as

Indo Rama Synthetics India Ltd. v. CIT · 333 ITR 18 · Section 37(1) · Section 36(1)(iii) · abandoned project expenditure · failed project · revenue expenditure deduction · capital work in progress write-off · pre-commencement expenses · Section 115JB

Issues it is cited on

Judgments citing Indo Rama Synthetics India Ltd. v. CIT

IHHR HOSPITALITY PVT. LTD.,NEW DELHI vs. ADDL. CIT, SPECIAL RANGE- 04, NEW DELHI

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

ITA 3109/DEL/2018[2014-15]Status: DisposedITAT Delhi04 Jun 2024AY 2014-15

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usm/S. Ihhr Hospitality Pvt. Ltd., Vs. Addl. Cit, 32/7, Samalka, Nh 8, Range – 04, New Delhi – 110 037. New Delhi. (Pan : Aaaci9385B) (Appellant) (Respondent) Assessee By : Shri Ranjan Chopra, Ca Revenue By : Shri Javed Akhtar, Cit Dr Date Of Hearing : 30.05.2024 Date Of Order : 04.06.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)-35, New Delhi Dated 13.02.2018 For The Assessment Year 2014-15. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That The Revenue Has Erred In Law & On Facts In Making Disallowance Of ‘Project Pending Capitalization Written Off’ Expenses, Amounting To Rs.7,71,40,000/- & Treating These Expenses To Be Of Capital Nature. 2. That The Revenue Has Erred In Law & On Facts In Disallowing Interest Of Rs.5,40,62,940/- U/S 36(1)(Iii) Of The Income Tax Act, 1961. (Revised Ground). 3. That The Revenue Has Erred In Law & On Facts In Disallowing A Sum Of Rs.9,61,305/- On Account Of Claim Of Roc Fee Under Section 35D Of The Income Tax Act, 1961. 2 .”

For Appellant: Shri Ranjan Chopra, CAFor Respondent: Shri Javed Akhtar, CIT DR
Section 35DSection 36(1)(iii)

…ble Delhi high Court in the case of Triveni Engineering Works Ltd. vs. CIT 232 ITR 639 (Del). The AO further held that the facts of the present case are different than the case law relied upon by the assessee that is M/s. Indo Rama Synthetics (I) Ltd. vs. CIT 333 ITR 18. In that case, the project could not see the light of the day since the assessee company could not procure the allotment of the requisite land from the government. However, in the present case, the assessee could procure the land for all the projects as per the details of "project work in the progress'. 4 4.2 Further, the AO commented in the asse…

M/S. HELLA INDIA LIGHTING LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1109/DEL/2015[2010-11]Status: DisposedITAT Delhi29 Jul 2019AY 2010-11

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2010-11 Hella India Lighting Ltd., Vs Dcit, B-13, Badarpur Extension, Circle-11(1), New Delhi. New Delhi. Pan: Aaacj0101G (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate & Shri Somil Aggarwal, Advocate Revenue By : Shri Sanjay I Bara, Cit, Dr Date Of Hearing : 16.05.2019 Date Of Pronouncement : 29.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23Rd December, 2014 Passed By The Dcit, Circle 11(1), New Delhi U/S 143(3) Read With Section 144C Of The It Act, 1961 For Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing Of Automobile Components Including Head Lamps, Tail Lamps, Horns Switches, Bulbs, Sundry Lamps, Wiper Arms & Wiper Blades. It Filed Its Return Of Income On 5Th October, 2010 Declaring A Loss Of Rs.1,46,71,148/-. Since The Assessee Has Undertaken International Transactions With Its Ae, The Assessing Officer

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Shri Sanjay I Bara, CIT, DR
Section 143(3)Section 144CSection 40a

…new business or otherwise. 18. Aggrieved with such order of the DRP, the assessee is in appeal before the Tribunal. 19. The ld. counsel for the assessee, referring to the decision of the Hon'ble Delhi High Court in the case of Indo Rama Synthetics vs. CIT, 333 ITR 18, submitted that the Hon'ble High Court in the said decision held that the project related expenses are revenue in nature when an amount is spent for expansion of business and such expansion was abandoned, the amount spent shall be allowed as revenue expenditure. 20. The ld. DR, on the other hand, relied on the order of the A.O./TPO/DR. 21. We ha…

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

…undertaken under the control and supervision of the existing management and out of the existing available funds of the assessee, the expenses incurred were still allowable as deduction. Reliance was placed on following decisions: " Indorama Synthetics Ltd. : 333 ITR 18 (Delhi) " CIT Vs. Vardhman Spinning & General Mills : 176 Taxman 157 (P&H) 140. It was therefore submitted that the expenditure incurred was allowable as business deduction. 141. It was submitted that in any case, the Assessing Officer cannot put himself in the armchair of a businessman to decide the justification of incurring or not incurring an…

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Indo Rama Synthetics India Ltd. v. CIT (333 ITR 18) — Cited in 42 Judgments | BharatTax