ITO v. SLM Maneklal Industries Ltd.

17 ITD 515Income Tax Appellate Tribunal1986#8238 most cited

What is ITO v. SLM Maneklal Industries Ltd. authority for?

In cases of amalgamation effective during the financial year, the amalgamating company is eligible for deductions under Section 80J for the period it operated the undertaking, and the amalgamated company is eligible for deductions for the period it operated the undertaking post-amalgamation.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2018 to 2023.

Also referred to as

ITO v SLM Maneklal Industries Ltd · 1986 ITAT · Section 80J · amalgamation · deductible period · amalgamating company · amalgamated company · business deduction

Judgments citing ITO v. SLM Maneklal Industries Ltd.

Dy CIT CC 1(4), Mumbai vs. M/S Ultratech Cement Ltd, Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 931/MUM/2020[2015-16]Status: DisposedITAT Mumbai12 May 2023AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Ultratech Cement Limited V. Dcit, Central Circle-1(4) Ahura Centre, ‘B’ Wing 2Nd Floor Room No. 902, 9Th Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Dcit, Central Circle-1(4) V. M/S. Ultratech Cement Limited Room No. 902, 9Th Floor Ahura Centre, ‘B’ Wing 2Nd Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

Section 115Section 32Section 32ASection 80I

…nd the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

Ultratech Cement Ltd, Mumbai vs. DCIT CC 1(4), Mumbai

In the result, appeal filed by the Revenue is dismissed

ITA 465/MUM/2020[2015-16]Status: DisposedITAT Mumbai12 May 2023AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Ultratech Cement Limited V. Dcit, Central Circle-1(4) Ahura Centre, ‘B’ Wing 2Nd Floor Room No. 902, 9Th Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent) Dcit, Central Circle-1(4) V. M/S. Ultratech Cement Limited Room No. 902, 9Th Floor Ahura Centre, ‘B’ Wing 2Nd Floor Mahakali Caves Road Pratishtha Bhavan, Old Cgo Annexe Maharishi Karve Road Andheri (E), Mumbai- 400093 Mumbai- 400020 Pan: Aaacl6442L (Appellant) (Respondent)

Section 115Section 32Section 32ASection 80I

…nd the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

Jt. CIT (OSD)- CC - 1(4), Mumbai vs. Ultratech Cement Ltd., Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly allowed as indicated above

ITA 3764/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Dec 2021AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement Ltd., effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the p…

DCIT- CC- 1(4), Mumbai vs. Ultratech Cement Ltd., Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

ITA 2873/MUM/2018[2013-14]Status: DisposedITAT Mumbai14 Dec 2021AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

DCIT -CC-1(4), Mumbai vs. Ultratech Cement Ltd., Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

ITA 2872/MUM/2018[2012-13]Status: DisposedITAT Mumbai14 Dec 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

DCIT - CC - 1(4), Mumbai vs. Ultratech Cement Ltd., Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

ITA 2871/MUM/2018[2011-12]Status: DisposedITAT Mumbai14 Dec 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

Ultratech Cement Ltd, Mumbai vs. DCIT Cen Cir 1(4), Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

ITA 2462/MUM/2018[2014-15]Status: DisposedITAT Mumbai14 Dec 2021AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

Ultratech Cement Ltd, Mumbai vs. DCIT Cen Cir 1(4), Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

ITA 2461/MUM/2018[2013-14]Status: DisposedITAT Mumbai14 Dec 2021AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

Ultratech Cement Ltd, Mumbai vs. DCIT Cen Cir 1(4), Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly

ITA 1413/MUM/2018[2011-12]Status: DisposedITAT Mumbai14 Dec 2021AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the period the undertaking was operated by it after the amalg…

Ultratech Cement Ltd, Mumbai vs. DCIT Cen Cir 1(4), Mumbai

In the result appeals and Cross Objection of the assessee for Assessment Years 2011-12, 2012, 2013-14 and 2014-15 are partly allowed as indicated above

ITA 1412/MUM/2018[2012-13]Status: DisposedITAT Mumbai14 Dec 2021AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Shri Nishant ThakkarFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 153CSection 32Section 35Section 80I

…d the profits of such undertaking for the period up to the appointed date/demerger are taxed in the hands of the amalgamating company/demerged company. 67. The Coordinate Bench of this Tribunal (Ahmedabad Bench) in ITO vs. SLM Maneklal Industries Ltd. [1986] 17 ITD 515, in the context of section 80J of the Act has held that in case of amalgamation C.O.NOs. 130, 118 & 155/MUM/2019 UltraTech Cement Ltd., effective during the year, the amalgamating company will be eligible to claim deduction upto the period the undertaking was operated by it and, the amalgamated company will be eligible to claim deduction for the p…

M/S. Deepali Designs and Exhibits Pvt. Ltd., Delhi vs. DCIT, New Delhi

Appeal of the Revenue is dismissed and appeal of the Assessee is partly allowed for statistical purpose

ITA 1827/DEL/2015[2011-12]Status: DisposedITAT Delhi14 Mar 2019AY 2011-12

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

Section 36

…1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 1710/DEL/2015 (A.Y 2011-12) ACIT Vs Deepali Design & Exhibits (P) Central Circle-17, Room No. 356, Ltd. ARA Centre, E-2, Jhandewalan 34, North Avenue Road New Delhi New Delhi AABCD5680K (APPELLANT) (RESPONDENT) I.T.A. No. 1827/DEL/2015 (A.Y 2011-12) Deepali Design & Exhibits (P) Ltd. Vs DCIT 34, North Avenue Road Central Circle-8 Punjabi Bagh New Delhi New Delhi AABCD5680K (APPELLANT) (RESPONDENT) S.A No. 913/Del/2018 (Arising Out of I.T.A…

ACIT, New Delhi vs. M/S. Deepali Design & Exhibits (P) Ltd., New Delhi

Appeal of the Revenue is dismissed and appeal of the Assessee is partly allowed for statistical purpose

ITA 1710/DEL/2015[2011-12]Status: DisposedITAT Delhi14 Mar 2019AY 2011-12

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

Section 36

…1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 1710/DEL/2015 (A.Y 2011-12) ACIT Vs Deepali Design & Exhibits (P) Central Circle-17, Room No. 356, Ltd. ARA Centre, E-2, Jhandewalan 34, North Avenue Road New Delhi New Delhi AABCD5680K (APPELLANT) (RESPONDENT) I.T.A. No. 1827/DEL/2015 (A.Y 2011-12) Deepali Design & Exhibits (P) Ltd. Vs DCIT 34, North Avenue Road Central Circle-8 Punjabi Bagh New Delhi New Delhi AABCD5680K (APPELLANT) (RESPONDENT) S.A No. 913/Del/2018 (Arising Out of I.T.A…

M/S. Prakash Chand Jain & Sons (HUF), Kolkata vs. ITO, Ward - 44(2), Kolkata

In the result, appeal of the assessee is allowed in part

ITA 28/KOL/2018[2012-13]Status: DisposedITAT Kolkata25 May 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 28/Kol/2018 Assessment Year: 2012-13 M/S. Prakash Chand Jain & Sons (Huf)..…………………..……..………………………………Appellant 6/A, Iron Side Road Block-B Kolkata – 700 019 [Pan : Aachp 9343 P] Income Tax Officer Ward-44(2), Kolkata..………………………………………….………..Respondent 3, Government Place Kolkata – 700 001 Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sailen Samaddar, Addl. Cit, Dr, Appearing On Behalf Of The Revenue Date Of Concluding The Hearing : May 22Nd, 2018 Date Of Pronouncing The Order : May 25Th, 2018 O R D E R Per J. Sudhakar Reddy :-

Section 250

…see explained that it is customary for it to incur the expenditure as can be seen from the accounts of the earlier Assessment Years. Reliance is also placed on the decision of the ITAT Ahmedamad Bench in the case of ITO vs. SLM Maneklal Industries Ltd. (1986) 17 ITD 515 (Ahd). On going through the facts of this case and considering that similar expenditure has been incurred and allowed during the previous year and keeping in view the customs and traditions, I am of the considered opinion that this claim of expenditure should be allowed. Accordingly Ground No. 2 of the assessee is allowed. 5. Ground No. 3 is dismi…

ITO v. SLM Maneklal Industries Ltd. (17 ITD 515) — Cited in 13 Judgments | BharatTax