Instalment Supply (P) Ltd. v. Commissioner of Income Tax

149 ITR 52High Court1984#4970 most cited

What is Instalment Supply (P) Ltd. v. Commissioner of Income Tax authority for?

Expenditure incurred on repair and maintenance of a building is revenue expenditure, especially when it does not create a new asset or provide an enduring business advantage.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2008 to 2023.

Also referred to as

Instalment Supply (P) Ltd. v. CIT · 149 ITR 52 · repair and maintenance expenditure · revenue expenditure · capital expenditure · enduring benefit

Judgments citing Instalment Supply (P) Ltd. v. Commissioner of Income Tax

Shervani Hospitalities Ltd vs. Commissioner of Income Tax

The appeal is disposed of

ITA/804/2011HC Delhi28 May 2013
Section 143(3)Section 271(1)(c)

…f discloses that two views were possible on whether or not the loss in question was revenue or capital in nature. Two earlier decisions of the Supreme Court in CIT vs. Madras Auto Service,(1998) 233 ITR 468 SC and Installment Supply Company vs. CIT (1984)149 ITR 52 were distinguished observing that they were inapplicable in view of introduction of Explanation 1 to Section 32(1) and Section 32(1)(iii) of the Act. The assessee had claimed that they had taken a premise on rent/lease and during the very first year of business itself the lease was surrendered. Therefore, no enduring business advantage accr…

Commissioner of Income Tax vs. Sri. B. Yadagiri

ITTA/13/2000HC Telangana01 Dec 2011

Bench: The Appellate Commissioner. On All The Three Aspects, Referred To Above, The Appellate Authority Held In Favour Of The Respondent. In The Further Appeal Filed By The Department Before The Tribunal, The View Taken By The Appellate Authority Was Confirmed.

For Appellant: Sri J.V.PrasadFor Respondent: Sri A.V.Raghuveer
Section 256(1)

……Respondent ! Counsel for appellant: Sri J.V.Prasad ^ Counsel for Respondent : Sri A.V.Raghuveer < GIST: > HEAD NOTE: ? Cases referred 1. 220 ITR 298 2. 149 ITR 52 3. 233 ITR 468 THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM R.C.No.13 of 2000 ORDER: (Per the Hon’ble Sri Justice L.Narasimha Reddy) The respondent herein is an assessee. The assessments for the years 1975-76 and 1985-86 to 1987-88 came to be dealt with by the Income…

Commissioner of Income Tax Del vs. M/S Hi Line Pens P.Ltd

The appeal is dismissed

ITA/1202/2006HC Delhi15 Sept 2008

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE RAJIV SHAKDHER

For Appellant: Ms Prem Lata BansalFor Respondent: Mr Rakesh Gupta, Ms PoonamAhuja
Section 30Section 31Section 32

…sessee was for the purpose of the business of the assessee and was not for the acquisition of a capital asset. The Tribunal placed reliance on the decision of this Court in the case of Installment Supply Pvt. Ltd. v. Commissioner of Income-Tax, Delhi-II; 149 ITR 52 (Delhi) and held in favour of the assessee and against the revenue. 8. It is against this order of the Tribunal dated 16.9.2005 pertaining to the assessment year 1997-98 that the revenue has preferred this appeal. The learned counsel for the appellant (Revenue), first of all, placed reliance on the decision of the Supreme Court in the cas…