Kinetic Honda Motor Ltd. v. JCIT

72 TTJ 72Income Tax Appellate Tribunal2001#14388 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 365,807 Indian tax judgments — from 2016 to 2019.

Judgments citing Kinetic Honda Motor Ltd. v. JCIT

DCIT, Cir-10(1), Kolkata vs. Albert David Ltd., Kolkata

In the result, the appeal of the Revenue is treated as allowed for statistical purposes

ITA 260/KOL/2017[2013-14]Status: DisposedITAT Kolkata15 May 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013-14 Dcit, Circle-10(1), V/S. Albert David List P-7,Chowringhee 15, Chittaranjan Avenue, Square, 3Rd Floor, Kolkata-700072 Kolkata-69 [Pan No.Aacca 3933 D] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Rabin Choudhury, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Rajeeva Kumar, Ar ""यथ" क" ओर से/By Respondent 30-04-2019 सुनवाई क" तार"ख/Date Of Hearing 15-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2013-14 Arises Against The Commissioner Of Income Tax (Appeals)-4, Kolkata’S Order Dated 06.12.2016 Passed In Case No.1338/Cit(A)-4/Circle-10(1)/Kol/15-16, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Revenue Raises Following Substantive Grounds In The Instant Appeal:- “1. Whether The Ld. Cit(A) Was Correct In Allowing 30% Depreciation As Claimed By The Assessee Despite The Fact That The Claim Of The Assessee That It Was Manufacturing Iv Fluid Bottles & Disposable Syringe & Needles With The Help Of Plastics Moulds Identical With The Moulds Used In Rubber & Plastics Goods Factories Was Not Blocked By Any Materials Or Cogent Explanation? 2. Whether The Learned. Cit(A) Was Correct In Holding That Technically Similar Moulds Used In Rubber & Plastics Goods Factories Were Also

Section 133ASection 143(3)Section 148Section 37(1)

…ducts as envisaged in the relevant, statutes and rules. The relevant judicial citations would vindicate the stand of the appellant as follows: • BPL refrigerator Ltd. vs AClT (2004) 8S TTJ 0066, lTAT (Bangalore Bench) • Kinetic Honda Motor Ltd. vs JClT (2001) 72 TTJ 72 (Pune lTAT) • ClT vs Amco Batteries Ltd. (1993) 203 ITR 0614 (Karnataka HC) • BPL Sanyo Utilities & Appliances vs ACIT (ITAT Nos. 88 & 89/Bang/1998) In view of the foregoing and also with special reference to the judicial precedence on the apposite matter as depicted above, I find that the appellant is ultimately eligible to claim depreciation on m…

DCIT, Cir-10(1), Kolkata vs. M/S Albert David Ltd., Kolkata

In the result, the appeal of the revenue is treated as allowed for statistical purposes

ITA 1305/KOL/2016[2012-2013]Status: DisposedITAT Kolkata12 Jan 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 1305/Kol/2016 Assessment Year: 2012-13 D.C.I.T, Cir-10(1), Kolkata..............................…………………………………................Appellant P-7, Chowringhee Square, 3Rd Floor, Kolkata – 700 069 M/S. Albert David Ltd....…………………………………………………….........................Respondent 15, Chittranjan Avenue, Kolkata – 700 072 [Pan: Aacca 3933 D] Appearances By: Shri Arindam Bhattacharjee, Addl. Cit Appearing On Behalf Of The Revenue. Shri Rajeeva Kumar, Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 12, 2017 Date Of Pronouncing The Order : January 12 , 2018 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(Appeals) – 4, Kolkata Dated 29.03.2016 & The Solitary Issue Involved Therein Relates To The Deletion By The Ld. Cit(A) Of The Addition Of Rs. 85,34,346/- Made By The A.O. On Account Of Assessee’S Claim For Additional Depreciation Of Moulds. 2. The Assessee In The Present Case Is A Company Which Is Engaged In The Business Of Manufacturing & Trading Of Pharmaceutical Products. The Return Of Income For The Year Under Consideration Was Originally Filed By It On 29.09.2012 Declaring A Total Income Of Rs. 11,54,94,310/-. Thereafter A Revised Return Was Filed By The Assessee On 26.03.2013 Declaring A Total Income Of Rs. 11,86,54,770/-. In The Assessment Completed Under Section 143(3) Vide An Order Dated

Section 133ASection 143(3)Section 148Section 32Section 37(1)

…ducts as envisaged in the relevant, statutes and rules. The relevant judicial citations would vindicate the stand of the appellant as follows:  BPL refrigerator Ltd. vs ACIT (2004) 85 TTJ 0066, ITAT (Bangalore Bench)  Kinetic Honda Motor Ltd. vs JCIT (2001) 72 TTJ 72 (Pune ITAT)  CIT vs Amco Batteries Ltd. (1993) 203 ITR 0614 (Karnataka HC)  BPL Sanyo Utilities & Appliances vs ACIT (ITAT Nos. 88 & 89/Bang/1998) In view of the foregoing and also with special reference to the judicial precedence on the apposite matter as depicted above, I find that the appellant is ultimately eligible to claim depreciation on m…

The ACIT- Circle-1(1)(2), Baroda vs. M/S. L.K. India Pvt. Ltd., Baroda

In the result, the appeal of the revenue is dismissed

ITA 104/AHD/2015[2009-10]Status: DisposedITAT Ahmedabad22 Nov 2017AY 2009-10
For Appellant: Shri Mayur Swadia, A.RFor Respondent: Shri Mudit Nagpal, Sr. D.R
Section 143(3)

…n appellant's case for AY 2001-02 has held that depreciation @ 40% on moulds is to be allowed in view of decision of ITAT Bangalore in the case of BPL Refrigeration Ltd. 272 ITR 47 and in view of decision of ITAT, Pune in the case of Kinetic Honda Motors Ltd. 72 TTJ 72. Respectfully following IT AT, Ahmedabad's decision-in appellant's own case for AY 2001-02, the AO is directed to allow the depreciation on moulds and dies @ 40% and addition of Rs. 46,11,130/- is accordingly hereby deleted. Thus the ground of appeal no. 2 of the appellant is allowed.” 5. During the course of appellate proceedings before us, learn…

ACIT, Gurgaon vs. M/S. Honda Motorcycles & Scooter India Pvt. Ltd., Gurgaon

In the result, the appeal stands allowed

ITA 3460/DEL/2013[2007-08]Status: DisposedITAT Delhi31 Aug 2016AY 2007-08

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri A.K. Saroha, CIT-DR

…07-08 wherein the ld. CIT(A) accepted the stand of the assessee and directed the A.O to allow depreciation @ 30% on plastic moulds. The ld. AR placing reliance on the decision of the ITAT Pune Bench in the case of Kinetic Honda Motor Ltd Vs. JCIT reported at 72 TTJ 72 para 14 and submitted that in order to claim depreciation @ 30% it is necessary that the machines must be owned and used by the assessee. The ld. AR further submitted that in the present case the moulds were owned by the assessee and these were given to vendors for the purpose of manufacturing of various parts of two wheelers as specified by th…

ACIT, Gurgaon vs. M/S Honda Motorcycle and Scooter India Pvt. Ltd., Gurgaon

In the result, the appeal stands allowed

ITA 3237/DEL/2011[2003-04]Status: DisposedITAT Delhi31 Aug 2016AY 2003-04

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri A.K. Saroha, CIT-DR

…07-08 wherein the ld. CIT(A) accepted the stand of the assessee and directed the A.O to allow depreciation @ 30% on plastic moulds. The ld. AR placing reliance on the decision of the ITAT Pune Bench in the case of Kinetic Honda Motor Ltd Vs. JCIT reported at 72 TTJ 72 para 14 and submitted that in order to claim depreciation @ 30% it is necessary that the machines must be owned and used by the assessee. The ld. AR further submitted that in the present case the moulds were owned by the assessee and these were given to vendors for the purpose of manufacturing of various parts of two wheelers as specified by th…

Honda Motorcycle & Scooters India Pvt. Ltd., Gurgaon vs. Addl. CIT, Gurgaon

In the result, the appeal stands allowed

ITA 3074/DEL/2011[2004-05]Status: DisposedITAT Delhi31 Aug 2016AY 2004-05

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri A.K. Saroha, CIT-DR

…07-08 wherein the ld. CIT(A) accepted the stand of the assessee and directed the A.O to allow depreciation @ 30% on plastic moulds. The ld. AR placing reliance on the decision of the ITAT Pune Bench in the case of Kinetic Honda Motor Ltd Vs. JCIT reported at 72 TTJ 72 para 14 and submitted that in order to claim depreciation @ 30% it is necessary that the machines must be owned and used by the assessee. The ld. AR further submitted that in the present case the moulds were owned by the assessee and these were given to vendors for the purpose of manufacturing of various parts of two wheelers as specified by th…

Honda Motorcycle & Scooters India Pvt. Ltd., Gurgaon vs. Addl. CIT, Gurgaon

In the result, the appeal stands allowed

ITA 3073/DEL/2011[2003-04]Status: DisposedITAT Delhi31 Aug 2016AY 2003-04

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

For Appellant: Shri Deepak Chopra, AdvFor Respondent: Shri A.K. Saroha, CIT-DR

…07-08 wherein the ld. CIT(A) accepted the stand of the assessee and directed the A.O to allow depreciation @ 30% on plastic moulds. The ld. AR placing reliance on the decision of the ITAT Pune Bench in the case of Kinetic Honda Motor Ltd Vs. JCIT reported at 72 TTJ 72 para 14 and submitted that in order to claim depreciation @ 30% it is necessary that the machines must be owned and used by the assessee. The ld. AR further submitted that in the present case the moulds were owned by the assessee and these were given to vendors for the purpose of manufacturing of various parts of two wheelers as specified by th…

Kinetic Honda Motor Ltd. v. JCIT (72 TTJ 72) — Cited in 7 Judgments | BharatTax