Ltd. v. CIT

79 ITR 589Supreme Court of India1971#3238 most cited

What is Ltd. v. CIT authority for?

This case is authority for the principle that deductions under section 36(1)(viii) of the Income-tax Act may be granted in respect of certain categories of receipts. The court's decision in this case is relied upon when interpreting the scope of business activities for tax purposes.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2008 to 2025.

Also referred to as

Standard Refinery & Distillery Ltd. v. CIT · 79 ITR 589 · section 36(1)(viii) · deduction for scientific research · business income interpretation · CIT v. Jayanand Khira & Co. P. Ltd. · manufacturing business

Sections most often in play

Section 10(33)Section 14ASection 28(va)Section 36(1)(viii)Section 37(1)Section 10(15)Section 10(23G)Section 11(1)(a)

Issues it is cited on

section 28(va)depreciation on leased assetssection 80esection 10(23)section 14(a)section 61section 10(15)non-compete feesection 10(33)purposive interpretationsection 36(1)(viii)section 80h

Judgments citing Ltd. v. CIT

DCIT, New Delhi vs. M/S Ircon International Ltd., New Delhi

In the result, all the three appeals of the assessee for A

ITA 3805/DEL/2008[2003-04]Status: DisposedITAT Delhi31 Oct 2019AY 2003-04

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 90 2234/Del/2005 & 3805/Del/2008 26.4 Regarding creation of a special reserve the Ld. CIT(A) , followed the decision of jurisdictional High Court in the case of continental construction Ltd. versus CIT 185 ITR 230. Regarding filing of the chartered accountant certificate in form No. 10CCAA, the ld. CIT(A) followed the decision of the Hon’ble Calcutta High Court in the case of CIT Vs. Berger paints India Ltd 254 ITR 503. The Ld. CIT(A) also placed reliance on CIT vs. Shivanand Electronics 209 ITR 63 and CIT versus Gujarat Oil and Allied Industries 201…

Ircon International Ltd., New Delhi vs. DCIT, Circle-11(1), Delhi

In the result, all the three appeals of the assessee for A

ITA 705/DEL/2006[2002-2003]Status: DisposedITAT Delhi31 Oct 2019AY 2002-2003

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 90 2234/Del/2005 & 3805/Del/2008 26.4 Regarding creation of a special reserve the Ld. CIT(A) , followed the decision of jurisdictional High Court in the case of continental construction Ltd. versus CIT 185 ITR 230. Regarding filing of the chartered accountant certificate in form No. 10CCAA, the ld. CIT(A) followed the decision of the Hon’ble Calcutta High Court in the case of CIT Vs. Berger paints India Ltd 254 ITR 503. The Ld. CIT(A) also placed reliance on CIT vs. Shivanand Electronics 209 ITR 63 and CIT versus Gujarat Oil and Allied Industries 201…

DCIT, Circle-11(1) vs. Ircon International Ltd

In the result, all the three appeals of the assessee for A

ITA 2234/DEL/2005[2001-2002]Status: DisposedITAT Delhi31 Oct 2019AY 2001-2002

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 90 2234/Del/2005 & 3805/Del/2008 26.4 Regarding creation of a special reserve the Ld. CIT(A) , followed the decision of jurisdictional High Court in the case of continental construction Ltd. versus CIT 185 ITR 230. Regarding filing of the chartered accountant certificate in form No. 10CCAA, the ld. CIT(A) followed the decision of the Hon’ble Calcutta High Court in the case of CIT Vs. Berger paints India Ltd 254 ITR 503. The Ld. CIT(A) also placed reliance on CIT vs. Shivanand Electronics 209 ITR 63 and CIT versus Gujarat Oil and Allied Industries 201…

Ircon International Limited, New Delhi vs. ACIT, New Delhi

In the result, all the three appeals of the assessee for A

ITA 3804/DEL/2008[2003-04]Status: DisposedITAT Delhi31 Oct 2019AY 2003-04

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 90 2234/Del/2005 & 3805/Del/2008 26.4 Regarding creation of a special reserve the Ld. CIT(A) , followed the decision of jurisdictional High Court in the case of continental construction Ltd. versus CIT 185 ITR 230. Regarding filing of the chartered accountant certificate in form No. 10CCAA, the ld. CIT(A) followed the decision of the Hon’ble Calcutta High Court in the case of CIT Vs. Berger paints India Ltd 254 ITR 503. The Ld. CIT(A) also placed reliance on CIT vs. Shivanand Electronics 209 ITR 63 and CIT versus Gujarat Oil and Allied Industries 201…

Ircon International Ltd vs. Addl. CIT, Range-11

In the result, all the three appeals of the assessee for A

ITA 1825/DEL/2005[2001-2002]Status: DisposedITAT Delhi31 Oct 2019AY 2001-2002

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 90 2234/Del/2005 & 3805/Del/2008 26.4 Regarding creation of a special reserve the Ld. CIT(A) , followed the decision of jurisdictional High Court in the case of continental construction Ltd. versus CIT 185 ITR 230. Regarding filing of the chartered accountant certificate in form No. 10CCAA, the ld. CIT(A) followed the decision of the Hon’ble Calcutta High Court in the case of CIT Vs. Berger paints India Ltd 254 ITR 503. The Ld. CIT(A) also placed reliance on CIT vs. Shivanand Electronics 209 ITR 63 and CIT versus Gujarat Oil and Allied Industries 201…

M/S. Vignette India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 980/DEL/2013[2001-02]Status: DisposedITAT Delhi05 Sept 2019AY 2001-02
For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Ms. Naina Soin Kapil, Sr. DR
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘D’, NEW DELHI Before Sh. Bhavnesh Saini, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 388/Del/2009 : Asstt. Year : 2001-02 ITA No. 980/Del/2013 : Asstt. Year : 2001-02 M/s Vignette India Pvt. Ltd., Vs Deputy Commissioner of C/o Perfect Accounting and Income Tax, Circle-17(1), Shared Services Pvt. Ltd., E-20, New Delhi-110002 First Floor, Hauz Khas, New Delhi-110016 (APPELLANT) (RESPONDENT) PAN No. AABCV0946J Assessee by : Sh. Salil Kapoor, Adv. Revenue by : Ms. Naina Soin Kapil, Sr. DR Date of Hearing: 13.08.2019 Date of Pronouncement: 05.09.2…

Parshnath Projects Ltd, Navi Mumbai vs. DCIT 10(3), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 4309/MUM/2015[2003-04]Status: DisposedITAT Mumbai12 Apr 2019AY 2003-04

Bench: Shri G. Manjunatha & Shri Ravish Sood

For Appellant: Shri Ajay R. Singh, A.RFor Respondent: Ms. Anita Hardasani, D.R
Section 143(1)Section 143(3)Section 147Section 80H

…er of Income Tax-10(3) substantive requirements contemplated under the said statutory provision. Our aforesaid view is fortified by the judgments of the Hon‟ble High Court of Delhi in the case of Continental Construction Ltd.Vs. Union of India & Others (1990) 185 ITR 230 (Del) and CIT vs. Web Commerce (India) P. Ltd. (2009) 318 ITR 135 (Del). Apart there from, in our considered view that now when the tribunal following its earlier decision for A.Y 2000-01 in ITA No. 6252/Mum/2004, dated 30.05.2007, had restored the matter to the file of the A.O with a specific direction to give an opportunity to the assessee to c…

Income Tax Officer, Ward-2-2, Jaipur vs. M/S Sukh Sagar Enclave, Jaipur

In the result, appeal of the revenue is dismissed

ITA 1116/JPR/2018[2014-15]Status: DisposedITAT Jaipur11 Jan 2019AY 2014-15
For Appellant: Shri P.C. Parwal (C.A)For Respondent: Shri Varinder Mehta (CIT-DR) fu/kZkfjrh dh vksj ls@
Section 37(1)

…hould have been done by a common organization. In these circumstances, the assessee would be entitled to the unabsorbed loss in the shape of shares against the income. This was so held by the Hon’ble Supreme Court in Standard Refinery & Distillery Ltd. v. CIT 79 ITR 589 and again in Produce Exchange Corporation Ltd. v. CIT 77 ITR 739 . So far as the authorities relied upon by the revenue are concerned, in all these cases, the criteria adopted by the Court was that since the expenditure incurred brought into existence a benefit of enduring nature, it can be treated as capital nature, meaning thereby that depreciat…

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)

…ecisions: - Setabganj Sugar Mills Ltd. vs. CIT : 41 ITR 272 (SC) - CIT vs. Prithvi Insurance Co. Ltd.: 63 ITR 632 (SC) - Hoogly Trust (P) Ltd. v CIT 73 ITR 685 (SC) - L.M. Chhabda & Sons vs. CIT : 65 ITR 638 (SC) - Standard Refinery & Distillery Ltd. v. CIT: 79 ITR 589 (SC) - B.R. Ltd. v. V.P. Gupta: 113 ITR 647 (SC) - Produce Exchange Corporation Ltd. Vfs. CIT : 77 ITR 739 (SC) In the case of the appellant, aquafresh business is only part of same line of business, which the assessee is already engaged under the control and supervision of the existing management of the company. The aaquafresh toothpaste, in fac…

DCIT, Bhubaneswar vs. M/S. Discoverture Solutions (India) Pvt. Ltd., Bhubaneswar

In the result, the appeal filed by the revenue is allowed

ITA 50/CTK/2015[2011-12]Status: DisposedITAT Cuttack26 Apr 2017AY 2011-12

Bench: S/Shri N.S Saini & Kuldip Singhassessment Year : 2011-12

For Appellant: Shri Bibek Mohanty, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 10ASection 10BSection 139(1)

…ctory and as discussed in above paras, this judgment is also not relevant in the present case. – The next judgement cited before us is the judgement of Hon’ble Delhi High Court rendered in the case of Continental Contraction Ltd. v. Union of India and others (185 ITR 230). This judgement is also not applicable in the present case because in that case, the issue was this as to when CBDT had approved agreement for such a project for the purpose of Section 80 – O while in fact Section 80HHB was found applicable and it was held that assessee has to be given an opportunity for complying with the provisions of sub-sect…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…) Setabganj Sugar Mills Ltd. vs. CIT : 41 ITR 272 (SC) (iii) CIT vs. Prithvi Insurance Co. Ltd.: 63 ITR 632 (SC) (iv) Hoogly Trust (P) Ltd. v CIT 73 ITR 685 (SC) (v) L.M. Chhabda& Sons vs. CIT : 65 ITR 638 (SC) (vi) Standard Refinery & Distillery Ltd. v. CIT: 79 ITR 589 (SC) (vii) B.R. Ltd. v. V.P. Gupta: 113 ITR 647 (SC) f) It has been held that expenditure incurred in connection with expansion of business, involving setting up of new unit, which satisfies the test of unity of control, interlacing of funds, common management, etc. would be allowable revenue deduction. (i) CIT v. RelaxoFootwears Ltd: 293 ITR 231…

CIT vs. Hindustan Times Ltd

Appeal is partly allowed, to the extent it covers the first two questions;

ITA - 95 / 2011HC Delhi14 Sept 2012

…er applied in successive rulings (Ref. CIT v. Prithvi Insurance Co. Ltd., [1967] 63 ITR 632; Produce Exchange Corporation Ltd. v. CIT, [1970] 77 ITR 739; Standard Refinery and Distillery Ltd. v. CIT, 2012:DHC:5739-DB ITA-95 & 100/2011 Page 11 [1971] 79 ITR 589; Hooghly Trust (Pvt.) Ltd. v. CIT, [1969] 73 ITR 685 and Veecumsees v. CIT, [1996] 220 ITR 185 (SC)). In B. R. Ltd vs V. P. Gupta, C.I.T., Bombay, AIR 1978 SC 1320, after discussing the principles settled in the previous judgments, the Court held that the applicable test – wherever the issue arises, would be to see if the two commercial activ…

Director of Income Tax (Exemption) vs. National Association of Software and Service Companies (Nasscom)

In the result the appeals are disposed of as above with no order as to

ITA - 17 / 2011HC Delhi10 May 2012
Section 11(1)Section 11(1)(a)Section 11(2)Section 12ASection 143(1)(a)Section 143(2)Section 260A

…ITA 17/2011 etc. Page 1 of 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27th April, 2012 % Date of Decision: 10th May, 2012 + ITA No.17/2011 + ITA No.18/2011 + ITA No.19/2011 + ITA No.20/2011 + ITA No.472/2011 + ITA No.477/2011 + ITA No.480/2011 + ITA No.519/2011 + ITA No.520/2011 DIRECTOR OF INCOME TAX (EXEMPTION) .....Appellant Through: Mr.Sanjeev Sabharwal, Sr. Standing. Mr.Abhishek Maratha, Sr. Standing Counsel with Ms.Anshul Sharma, Adv. Versus NATIONAL ASSOCIATION OF SOFTWARE AND SERVICES COMP…

Director of Income Tax (Exemption) vs. Services Companies

In the result the appeals are disposed of as above with no order as to

ITA/17/2011HC Delhi10 May 2012
Section 11(1)Section 11(1)(a)Section 11(2)Section 12ASection 143(1)(a)Section 143(2)Section 260A

…ITA 17/2011 etc. Page 1 of 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27th April, 2012 % Date of Decision: 10th May, 2012 + ITA No.17/2011 + ITA No.18/2011 + ITA No.19/2011 + ITA No.20/2011 + ITA No.472/2011 + ITA No.477/2011 + ITA No.480/2011 + ITA No.519/2011 + ITA No.520/2011 DIRECTOR OF INCOME TAX (EXEMPTION) .....Appellant Through: Mr.Sanjeev Sabharwal, Sr. Standing. Mr.Abhishek Maratha, Sr. Standing Counsel with Ms.Anshul Sharma, Adv. Versus NATIONAL ASSOCIATION OF SOFTWARE AND SERVICES COMP…

Central Warehousing Corporaiton vs. ACIT

The appeals stand disposed of in the aforesaid

ITA - 464 / 2010HC Delhi14 Jan 2011
Section 10Section 11BSection 143Section 147Section 148Section 3

…a case of mere change of opinion. On the same material if other opinion is formed this would be a impermissible ground to reopen the proceedings. He referred to the judgment of Supreme Court in the case of Standard Refinery and Distillery Ltd. Vs. CIT 79 ITR 589 for the following proposition laid down therein:-- It was urged by Mr. Mitra, learned Counsel for the Revenue that from the facts found by the Tribunal, 2011:DHC:229-DB unity between the transactions of the assessee company relating to the shares as well as its other business and therefore the two activities cannot be considered as "the…

Commissioner of Income Tax Delhi II vs. Monnet Industries Ltd

In the result, the appeal is dismissed

ITA/450/2008HC Delhi21 Nov 2008

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

For Respondent: Mr R.D. Jolly
Section 143(1)(a)Section 143(2)Section 260A

…ra), and Produce Exchange (supra). In doing so it also noted the ITA No. 450/1998 Page 13 of 21 observations made in the decision of the Supreme Court in the case of Standard Refinery and Distillery Ltd v. Commissioner of Income Tax: (1971) 79 ITR 589 and finally concluded that, tests for ascertaining whether the two lines of businesses were the same business was not dependent on determination of the nature of goods dealt with. The decisive test according to the Supreme Court was the unity of control and not the nature of two lines of businesses. It further held that even though the fact…

Commissioner of Income Tax Delhi II vs. Monnet Industries Ltd

In the result, the appeal is dismissed

ITA - 450 / 2008HC Delhi21 Nov 2008
For Respondent: Mr R.D. Jolly
Section 143(1)(a)Section 143(2)Section 260A

…Exchange (supra). In doing so it also noted the 2008:DHC:3088-DB ITA No. 450/1998 Page 13 of 21 observations made in the decision of the Supreme Court in the case of Standard Refinery and Distillery Ltd v. Commissioner of Income Tax: (1971) 79 ITR 589 and finally concluded that, tests for ascertaining whether the two lines of businesses were the same business was not dependent on determination of the nature of goods dealt with. The decisive test according to the Supreme Court was the unity of control and not the nature of two lines of businesses. It further held that even though the fact…