Kesoram Industries & Cotton Mills Ltd. v. CIT

196 ITR 845High Court1992#1884 most cited

What is Kesoram Industries & Cotton Mills Ltd. v. CIT authority for?

Expenditure incurred for exploring the feasibility of expanding or extending an existing business by setting up a new unit in the same line of business is revenue expenditure, not capital expenditure. Such expenditure, including obtaining project reports or legal opinions on desirability or feasibility, does not constitute the setting up of a new business.

61

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2005 to 2026.

Also referred to as

Kesoram Industries & Cotton Mills Ltd. v. CIT · revenue expenditure · capital expenditure · expansion of business · extension of business · exploring feasibility · project report · legal opinion · preliminary expenses · section 35D

Sections most often in play

Section 10BSection 10CSection 115JBSection 14ASection 250Section 40A(2)(a)Section 92CSection 8D(2)(ii)

Issues it is cited on

section 8d(2)(ii)section 8dsection 92f(ii)section 92apreliminary expensessection 40a(2)(a)section 14a(1)legal expensessection 92fsection 35dstrategic investmentsection 36(2)

Judgments citing Kesoram Industries & Cotton Mills Ltd. v. CIT

The ACIT, Central Circle-2(2), Ahmedabad vs. M/S. Neesa Infrastructure Ltd., Ahmedabad

In the result, appeal of the Revenue is partly allowed

ITA 213/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad01 Dec 2021AY 2009-10

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmedआयकर अपील सं./ Ita No.213/Ahd/2013 "नधा"रण वष"/Asstt. Year: 2009-10 Acit, Cir.5 Vs. M/S.Neesa Infrastructure Ltd. Ahmedabad. Plot No.278/289 Panchratna Indl. Estate Opp: Amec Cold Storage Changodar, Ahmedabad. Pan : Aabcn 7916 N

For Appellant: NoneFor Respondent: Shri Vinod Tanwani, CIT-DR
Section 68

…e that these liabilities were subsisting as on 31.3.2009. Accordingly, the appellant has failed to discharge its initial onus of proving the fact that the liabilities is subsists. Reliance in this regard is made on Keshavram Industries and Cotton Mills vs CIT 196 ITR 845 (Cal.). in view of above facts, I am of the considered view that sundry credits in respect of these two parties are not genuine and accordingly addition to the extent of Rs. 6,28,322/-is confirmed. 7.7 As a result of this appeal, the appellant will get a relief of Rs.3,25,05,162/-(3,48,78,284 - 23,73,122/-). Addition to the extent of Rs.23,73,12…

Jt. Commissioner of Income Tax(OSD), Central Cirlce-1(4), Hyderabad vs. Medha Servo Drives Private Limited, Hyderabad

In the result, the CO filed by the assessee is allowed

ITA 655/HYD/2018[2014-15]Status: DisposedITAT Hyderabad24 Aug 2021AY 2014-15

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri V. Shiva KumarFor Respondent: Shri Sunil Kumar Pandey, DR
Section 143(3)Section 14A

…of Viscount Simon in the case of Ostime (supra) , it must be held that these subsidies are of revenue character and will have to be taxed accordingly. 33. A Division Bench of the Calcutta High Court in the case of Kesoram Industries & Cotton Mills Ltd. v. CIT 191 ITR 518 also examined a scheme of refund of sales tax framed by the Andhra Pradesh Government to assist newly set up industries. There the assessee had set up a cement plant. The Calcutta High Court held that receipt of the incentives from the State Government was incidental to carrying on the business of the assessee. Such subsidies were received year a…

Jt. Commissioner of Income Tax(OSD), Central Cirlce-1(4), Hyderabad vs. Medha Servo Drives Private Limited, Hyderabad

In the result, the CO filed by the assessee is allowed

ITA 654/HYD/2018[2013-14]Status: DisposedITAT Hyderabad24 Aug 2021AY 2013-14

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri V. Shiva KumarFor Respondent: Shri Sunil Kumar Pandey, DR
Section 143(3)Section 14A

…of Viscount Simon in the case of Ostime (supra) , it must be held that these subsidies are of revenue character and will have to be taxed accordingly. 33. A Division Bench of the Calcutta High Court in the case of Kesoram Industries & Cotton Mills Ltd. v. CIT 191 ITR 518 also examined a scheme of refund of sales tax framed by the Andhra Pradesh Government to assist newly set up industries. There the assessee had set up a cement plant. The Calcutta High Court held that receipt of the incentives from the State Government was incidental to carrying on the business of the assessee. Such subsidies were received year a…

Reasonable Housing Ltd., Mumbai vs. DCIT 15(1)(1), Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 4547/MUM/2019[2015-16]Status: DisposedITAT Mumbai08 Apr 2021AY 2015-16

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 4547/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2015-16) Reasonable Housing Ltd. बिधम/ Dcit-15(1)(1) Room No.470, 4Th Floor, Hincon House, Lal Bahadur Vs. Shastri Marg, Vikhroli (W), Aayakar Bhawan, M. K. Mumbai-400083. Road, Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. :Aaecr4936K (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Sushil Lakhani Revenue By: Dr. Sanjay Sethi (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 03/02/2021 घोषणा की तारीख /Date Of Pronouncement: 08/04/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 15.03.2019 Passed By The Commissioner Of Income Tax (Appeals) -24, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2015- 16. 2. At The Very Outset, We Find That There Is Delay Of 26 Days In Filing Of Appeal By The Assessee Before Us. We Find That The Assessee Has Filed An Affidavit Stating That It Went Into The Clutches Of Insolvency & Bankruptcy Code (Ibc) In That All The Employees Of Company Had Resigned & The Existing Counsel Has Been Appointed By The Interim Resolution Professional (Irp). This Collectively Had Contributed To The Delay Of 26 Days In Preferring Appeal Before Us. We Are Inclined To Condone The Delay Of 26 Days & Admit The Appeal For Adjudication. A.Y. 2015-16 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Sushil LakhaniFor Respondent: Dr. Sanjay Sethi (Sr. AR)
Section 143(1)Section 143(2)Section 257Section 41(1)

…we also find support of the decision of the Hon’ble Supreme Court in the case of CIT Vs. Sugauli Sugar Works (P.) Ltd. (1999) 236 ITR 518, Bombay Dyeing & Mfg. Co. Ltd. Vs. State of Bombay AIR 1958 SC 328, Kesoram Industries & Cotton Mills Ltd. Vs. CIT (1992) 196 ITR 845 (Cal), CIT Vs. Jain Exports Pvt. Ltd. (2013) 35 taxmann.com 540 & CIT Vs. G. K. Patel & Co. (2013) 29 taxmann.com 248 (Guj). Taking into accounts of all the above facts and circumstances and by relying upon the decisions mentioned above, we are of the view that the finding of the CIT(A) is not justifiable, therefore, we set aside the finding of t…

Tata Motors Ltd, Mumbai vs. CIT (Ltu), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 3925/MUM/2017[2010-11]Status: DisposedITAT Mumbai13 Dec 2019AY 2010-11

Bench: Shri Pawan Singh & Shri G. Manjunathatata Motors Ltd. Vs. The Cit(Ltu) 29Th Floor, Centre 1 Bombay House, 24 Homi Mody Street World Trade Centre Hutatma Chowk Cuffe Parade Mumbai-400 001 Mumbai-400 005 Pan/Gir No.Aaact2727Q (Appellant) .. (Respondent)

Section 115JSection 143(3)Section 263Section 35DSection 37(1)

…77) (Del HC) • Idea Cellular Ltd vs ACIT ( 47 taxmann.com 341) (2014) (Mum ITAT) • CIT vs Priya Village Roadshows Ltd. ( 185 Taxman 44) ( 2009) (Delhi HC) • CiT vs Graphite India Ltd. (221 ITR 420) (1996) (kolkatta HC) • Kesoram Industries & Coton Mills Ltd. (196 ITR 845) (Kol HC) • CIT vs Tata Robins Fraser ( 2012) ( 26 taxmann.com 15) (Jha HC) 6. The Ld. DR present for the revenue, on the other hand strongly supporting order of the Ld.CIT(LTU) submitted that the arguments of the Ld. AR lack substance in the sense that an erroneous order causing prejudice to the interest of revenue can be passed, even after co…

The ACIT, (OSD), Range-1, Ahmedabad vs. Clp Power India Pvt. Ltd., Ahmedabad

In the result, the appeal filed by the Revenue is dismissed

ITA 1128/AHD/2015[2007-08]Status: DisposedITAT Ahmedabad04 Oct 2019AY 2007-08

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad

For Appellant: Shri L. P. Jain, Sr.D.R
Section 271(1)(c)

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘C’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER आयकर अपील सं./I.T.A. No. 1128/Ahd/2015 ("नधा"रण वष" / Assessment Year : 2007-08) DCIT CLP Power India Pvt. बनाम/ Circle-1(1)(2), Ltd. Vs. 6th Floor, Chanakya Ahmedabad Building, Off. Ashram Road, Ahmedabad 380009 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAACP6900B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant by : Shri L. P. Jain, Sr.D.R. Shri S. N. Soparkar, Sr. Advocate ""यथ" क" ओर से /…

The Dy. CIT., Anand Circle, Anand vs. M/S. Kaira Dist. Co.-Op. Milk Producers Union Ltd., Anand

In the result, the appeal of the revenue is dismissed

ITA 2218/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad03 Oct 2019AY 2012-13

Bench: Shri Kul Bharat & Shri Waseem Ahmedआयकर अपील सं./Ita No.2218/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T, M/S. Kaira District Co-Op. Milk, Anand Circle, Vs. Producers Union Ltd., Anand. Amul Dairy Road, Anand-388001. Pan: Aaaak8694F

For Appellant: Shri Yogesh Shah A.R
Section 143(3)Section 15Section 32(1)Section 36Section 80P(2)(d)

…grant receiv under Sampoorna Gramin Swarojgar Yogna from the Govt. without considering the decision of Hon'ble Supreme Court in the case of Sahney Steel and Press Works Ltd. v/s. CIT 94 Taxman 368(SC) and (ii) Kesoram Industries and Cotton Mills Ltrd. V/s.CIT 191 ITR 518 (Calc) relied upon by the A.O. in the assessment order. 5. Whether on the facts and circumstances of the case and in law the Ld.C.I.T.(A) erred in directing the A.O. to allow the claim of additional depreciation and delete the addition of Rs, 1,58,29,479/- without appreciating that " In terns of section 32(1), additional depreciation is available…

DCIT, New Delhi vs. M/S. Ongc Videsh Ltd., New Delhi

In the result, the appeal filed by the assessee as well as by the Revenue are dismissed

ITA 3208/DEL/2014[2006-07]Status: DisposedITAT Delhi01 Jul 2019AY 2006-07

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2006-07 Ongc Videsh Ltd., Vs Addl. Cit, 601, 6Th Floor, Kailash Building, Range-13, 26, Kasturba Gandhi Marg, New Delhi. New Delhi. Pan: Aaaco1230F Assessment Year: 2006-07 Dcit, Vs Ongc Videsh Ltd., 601, 6Th Floor, Kailash Circle 13(1), New Delhi Building, 26, Kasturba Gandhi Marg, New Delhi. Pan: Aaaco1230F (Appellant) (Respondent) Assessee By : Shri C.S. Aggarwal, Sr. Advocate, Shri R.P. Mall, Advocate & Shri Madhur Aggarwal, Advocate Revenue By : Ms Pramita M. Biswas, Cit, Dr Date Of Hearing : 02.04.2019 Date Of Pronouncement : 01.07.2019 Order Per R.K. Panda, Am:

For Appellant: Shri C.S. Aggarwal, Sr. AdvocateFor Respondent: Ms Pramita M. Biswas, CIT, DR
Section 32Section 32(1)(ii)Section 37Section 42

…of business activities. In view of the decision of Bombay High Court in the case of Essar Oil Ltd. - (2008) TIOL 530, such expenditure is to be allowed as revenue expenditure. Hon'ble I Calcutta High Court in the case of Keshoram Industries and Cotton Mills - 196 ITR 845 held that where the setting up does not amount to starting of new business but expansion or extension of the business already being carried on by the assessee, expenses in connection with such expansion or I extension of the business must be held to be deductible as revenue expenses. I One has to consider purpose of the expenditure and its object…

Ongc Videsh Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal filed by the assessee as well as by the Revenue are dismissed

ITA 3150/DEL/2014[2006-07]Status: DisposedITAT Delhi01 Jul 2019AY 2006-07

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2006-07 Ongc Videsh Ltd., Vs Addl. Cit, 601, 6Th Floor, Kailash Building, Range-13, 26, Kasturba Gandhi Marg, New Delhi. New Delhi. Pan: Aaaco1230F Assessment Year: 2006-07 Dcit, Vs Ongc Videsh Ltd., 601, 6Th Floor, Kailash Circle 13(1), New Delhi Building, 26, Kasturba Gandhi Marg, New Delhi. Pan: Aaaco1230F (Appellant) (Respondent) Assessee By : Shri C.S. Aggarwal, Sr. Advocate, Shri R.P. Mall, Advocate & Shri Madhur Aggarwal, Advocate Revenue By : Ms Pramita M. Biswas, Cit, Dr Date Of Hearing : 02.04.2019 Date Of Pronouncement : 01.07.2019 Order Per R.K. Panda, Am:

For Appellant: Shri C.S. Aggarwal, Sr. AdvocateFor Respondent: Ms Pramita M. Biswas, CIT, DR
Section 32Section 32(1)(ii)Section 37Section 42

…of business activities. In view of the decision of Bombay High Court in the case of Essar Oil Ltd. - (2008) TIOL 530, such expenditure is to be allowed as revenue expenditure. Hon'ble I Calcutta High Court in the case of Keshoram Industries and Cotton Mills - 196 ITR 845 held that where the setting up does not amount to starting of new business but expansion or extension of the business already being carried on by the assessee, expenses in connection with such expansion or I extension of the business must be held to be deductible as revenue expenses. I One has to consider purpose of the expenditure and its object…

Kaira Dist.Co.Op.Milk Producers Union Ltd., Anand vs. The ACIT., Anand Circle, Anand

In the result, appeal filed by the Revenue is dismissed

ITA 3614/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad26 Jun 2019AY 2011-12

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Lalit P. Jain, Sr. D.RFor Respondent: Shri Sanjay R. Shah, A.R
Section 35Section 37

…ant received under Sampoorna Gramin Swarojgar Yogna from the Govt. without considering the decision of Hon'ble Supreme Court in the case of Sahney Steel and Press Works Ltd. v/s. CIT 94 Taxman 368(SC) and (ii) Kesoram Industries and Cotton Mills Ltrd. V/s.CIT 191 ITR 518 (Calc) relied upon by the A.O. in the assessment order. 3. Whether on the facts and circumstances of the case and in law the Ld. C.I.T.(A) erred in deleting addition on account of depreciation claimed on the portion of plant and machinery acquired through grant/subsidy received from NDDB under 70% loan and 30% grant scheme without appreciating th…

Bg Exploration & Production India Ltd., Mumbai vs. DCIT, International Taxation, Circle-1, Dehradun

In the result, the appeals filed by the assessee for assessment years 2013-14 and 2014-15 are allowed as discussed hereinabove

ITA 7477/DEL/2018[2014-15]Status: DisposedITAT Delhi03 Apr 2019AY 2014-15

Bench: Sh. N. S. Saini & Smt. Beena A. Pillaiita No. 7476/Del/2018 : Asstt. Year : 2013-14

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)

…of Bombay High Court in the case of CIT v. Essar Oil Ltd. [IT Appeal No. 921 of 2008, dated 16-10- 2008], such expenditure is to be allowed as revenue expenditure. Hon’ble Calcutta High Court in the case of Kesoram Industries & Cotton Mills Ltd. v. CIT [1992] 196 ITR 845 held that where the setting up does not amount to starting of new business but expansion or extension of the business already being carried on by the Assessee, expenses in connection with such expansion or extension of the business must be held to be deductible as revenue expenses. One has to consider purpose of the expenditure and its object and…

Bg Exploration & Production India Ltd., Mumbai vs. DCIT, International Taxation, Circle-1, Dehradun

In the result, the appeals filed by the assessee for assessment years 2013-14 and 2014-15 are allowed as discussed hereinabove

ITA 7476/DEL/2018[2013-14]Status: DisposedITAT Delhi03 Apr 2019AY 2013-14

Bench: Sh. N. S. Saini & Smt. Beena A. Pillaiita No. 7476/Del/2018 : Asstt. Year : 2013-14

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)

…of Bombay High Court in the case of CIT v. Essar Oil Ltd. [IT Appeal No. 921 of 2008, dated 16-10- 2008], such expenditure is to be allowed as revenue expenditure. Hon’ble Calcutta High Court in the case of Kesoram Industries & Cotton Mills Ltd. v. CIT [1992] 196 ITR 845 held that where the setting up does not amount to starting of new business but expansion or extension of the business already being carried on by the Assessee, expenses in connection with such expansion or extension of the business must be held to be deductible as revenue expenses. One has to consider purpose of the expenditure and its object and…

The Dy. CIT., Circle-4, Ahmedabad vs. Hazira Port Pvt.Ltd., Ahmedabad

In the result, the appeal is dismissed

ITA 1196/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad04 Mar 2019AY 2009-10

Bench: The Cit(A). It Was

Section 143(3)

…ITA No.: 1196/Ahd/14 Assessment year: 2009-10 Page 1 of 5 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [Coram: Justice P P Bhatt, President and Pramod Kumar Vice President] ITA No.: 1196/Ahd/14 Assessment year: 2009-10 Deputy Commissioner of Income Tax Circle 4, Ahmedabad ……………...………..Appellant Vs Hazira Port Pvt Ltd …………….……….Respondent 101-103, Abhijeet II, Mithakali Cirle, Ellisbridge, Ahmedabad 380 006 [PAN: AAACH9142D] Appearances by Subhash Bains for the appellant S N Soparkar alongwith Parin Shah for the respondent Date of concluding the hearing : December 5, 2018 Date of pronoun…

Maruti Suzuki India Ltd., New Delhi vs. Addl. CIT, New Delhi

Appeal of the assessee is partly allowed for statistical purpose

ITA 467/DEL/2014[2009-10]Status: DisposedITAT Delhi17 Oct 2018AY 2009-10

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A .No. 467/Del/2014 (A.Y 2009-10)

Section 143(3)Section 144CSection 144C(5)Section 43Section 43B

…of Indian Courts on this aspect, viz., V.S.S.V. Meenakshi Achi & Anr. vs. CIT (1966) 60 ITR 253 (SC), CIT vs. Ruby Rubber Works Ltd. (1989) 78 CTR (Ker) 75, Sadichha Chitra vs. CIT (1990) 90 CTR (Bom) 135, Kesoram Industries & Cotton Mills Ltd. vs. CIT (1991) 191 ITR 518 (Cal), CIT vs. Dusad Industries (1986) 51 CTR (MP) 217 etc. 11.18. In this context, it is pertinent to note that the Madhya Pradesh High Court in the case of CIT vs. Dusad Industries (1986) 51 CTR (MP) 217 : (1986) 162 ITR 784 (MP) : TC 13R.622, dealt with a case where Government had framed a scheme for granting sales-tax subsidies to industries…

Glaxosmithkline Asia (P) Ltd., Gurgaon vs. ACIT, Chandigarh

In the result, appeal of the Assessee is allowed for statistical purposes

ITA 1323/CHANDI/2012[2003-04]Status: DisposedITAT Chandigarh28 Sept 2018AY 2003-04
For Appellant: Sh. Neeraj Jain (C.A), Sh. Abhishek Mukherjee (C.A)For Respondent: Dr. Gulshan Raj
Section 143(3)

…T: 113 Taxman 132 (Del.) - Jay Engineering Works Ltd. v. CIT: 311 ITR 405 (Del.) - CIT v. Tata Chemicals Ltd: 256 ITR 395 (Bom.) - Addl. CIT v. Aniline Dye Stuffs & Pharmaceuticals Pvt. Ltd.: 138 ITR 843(Bom) - Kesoram Industries and Cotton Mills Ltd vs CIT: 196 ITR 845 (Cal.) - Hindustan Aluminim Corporation Ltd. v. CIT: 159 ITR 673 (Cal.) - CIT v. Rane (Madras) Ltd.: 215 CTR 250 (Chenn.) - Prem Spinning and Weaving Mills Co. Ltd. v. CIT : 98 ITR 20 (All.) - CIT v. Shah Theatres P. Ltd. : 169 ITR 499 (Raj.) - CIT v. Malwa Vanaspati & Chemicals Co. Ltd., 149 CTR 283 (MP) - CIT v. Kerala State Industrial Developm…

Daimler Chrysler India Pvt. Ltd., Pune vs. Deputy Commissioner of Income-Tax, Pune

In the result, the cross objection of the assessee is dismissed

ITA 1381/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

…able to the facts of the case. In that case the decision was in regard to the improvisation in the process and technology which was supplemented to the existing business. In the case of the appellant it is a direct expenses for acquiring new capital asset. In 196 ITR 845 (Cal.) the expenditure on miscellaneous expenses and law charges incurred on proposed factory project was held as deductible expenses. But in the case of the appellant the expenses was squarely incurred for the purchase of machinery for the production of W 124 series of Mercedese Benz Cars. This is beyond doubt expenditure incurred for capital as…

Deputy Commissioner of Income-Tax vs. Daimler Chrysler India Pvt. Ltd., Pune

In the result, the cross objection of the assessee is dismissed

ITA 1325/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

…able to the facts of the case. In that case the decision was in regard to the improvisation in the process and technology which was supplemented to the existing business. In the case of the appellant it is a direct expenses for acquiring new capital asset. In 196 ITR 845 (Cal.) the expenditure on miscellaneous expenses and law charges incurred on proposed factory project was held as deductible expenses. But in the case of the appellant the expenses was squarely incurred for the purchase of machinery for the production of W 124 series of Mercedese Benz Cars. This is beyond doubt expenditure incurred for capital as…

M/S. Bg Exploration & Production India Ltd., Mumbai vs. JCIT (International Taxation), Dehradun

In the result, the appeal filed by the assessee is partly allowed for

ITA 1478/DEL/2017[2011-12]Status: DisposedITAT Delhi18 Jul 2018AY 2011-12

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2011-12 Bg Exploration & Production India Jcit (International Taxation), Ltd., Dehradun. Lake Boulevard Road, Vs. Hiranandani Business Park, Powai, Mumbai.

For Appellant: Shri Ajay Vohra, Sr.Adv
Section 143(3)Section 144C(5)Section 153Section 153(4)Section 92C

…of Bombay High Court in the case of CIT v. Essar Oil Ltd. [IT Appeal No. 921 of 2008, dated 16-10-2008], such expenditure is to be allowed as revenue expenditure. Hon’ble Calcutta High Court in the case of Kesoram Industries & Cotton Mills Ltd. v. CIT [1992] 196 ITR 845 held that where the setting up does not amount to starting of new business but expansion or extension of the business already being carried on by the Assessee, expenses in connection with such expansion or extension of the business must be held to be deductible as revenue expenses. One has to consider purpose of the expenditure and its object and…

Bg Exploration & Production India Ltd., Mumbai vs. DCIT, International Taxation, Dehradun

ITA 6791/DEL/2017[2012-13]Status: DisposedITAT Delhi17 Jul 2018AY 2012-13

Bench: Shri R.K. Panda & Shri Kuldip Singh

For Appellant: Shri Ajay Vohra, Senior AdvocateFor Respondent: Shri H.K. Chaudhary, CIT DR
Section 143Section 144C

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘I-2’ : NEW DELHI) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.6791/Del./2017 (ASSESSMENT YEAR : 2012-13) M/s. BG Exploration & Production vs. DCIT, India Limited, International Taxation, Lake Boulevard Road, Dehradun. Hiranandani Business Park, Powai, Mumbai – 400 076. (PAN : AAACE4569K) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Ajay Vohra, Senior Advocate Shri Sahil Sharma, CA REVENUE BY : Shri H.K. Chaudhary, CIT DR Date of Hearing : 19.04.2018 Date of Order : 17.07.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBE…

Asstt.Commissioner of Income Tax, Ludhiana vs. M/S Mrs.Bectors Food Specilties Ltd, Ludhiana

ITA 559/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh21 May 2018AY 2013-14

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

For Appellant: Sh. Subhash AggarwalFor Respondent: Smt. Chandrakanta
Section 14ASection 36Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH’A’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA Nos.555,405,556,557,558 & 559/Chd/2017 Assessment Years: 2007-08 to 2008-09 & 2010-11 to 2013-14 Asst. CIT, Vs. M/s Mrs. Bectors Food Specialities Ltd. Circle-3, BXXXIII/324, G.T. Road(west), Ludhiana Ludhiana PAN No. AABCM9495K C.O. No.26,27,28,29,30 & 31/Chd/2017 (In ITA Nos.555,405,556,557,558 & 559/Chd/2017) Assessment Years: 2007-08 to 2008-09 & 2010-11 to 2013-14 M/s Mrs. Bectors Food Specialities Ltd. Vs. Asst. CIT BXXXIII/324, G.T. Road(west), Circle-…