M/s DHL Express (I) Pvt. Ltd. v. ACIT

124 TTJ 108Income Tax Appellate Tribunal2009#18983 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2021.

Judgments citing M/s DHL Express (I) Pvt. Ltd. v. ACIT

ACIT 3(1)(2), MUMBAI vs. EXPERIAN CREDIT INFORMATION CO. P.LTD, MUMBAI

Appeals of the Revenue stands dismissed

ITA 805/MUM/2017[2011-12]Status: DisposedITAT Mumbai02 Aug 2021AY 2011-12

…ara 10), CITv. 9 M/s. Experian Credit Information Company Pvt. Ltd. Ralliwolf Ltd. [1980J 121 ITR 262 (Bom.) (para 10), CIT Vs. Saurashtra Cement & Chemical Industries Ltd. [1973] 91 ITR 170 (Guj.) (para 10) and DHL Express (I) (P.) Ltd. v. Asstt CIT (2009) 124 TTJ 108 (Mum.) (para 10.1). 5.2.15 Questions such as lack of 3rd party/vendor certification etc., raised by the Assessing Officer are not relevant in deciding the issue. In the instant case, relying on decisions of jurisdictional courts and considering the facts and circumstances, it cannot be denied that the appellant had set up its business from the da…

M/S.PIONEER MOTORS (KANNUR) P. LTD,KANNUR vs. THE DCIT,CIRCLE-2(1), KANNUR

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

ITA 440/COCH/2019[2007-08]Status: DisposedITAT Cochin02 Dec 2019AY 2007-08

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.T.M.Sreedharan, AdvocateFor Respondent: Smt.A.S.Bindhu, Sr.DR

Section 143(3)

…A new unit has apparently been set up by the appellant for starting its four wheeler dealership. Dealership agreement is dated 08.06.2007 which pertains to A.Y.2008-09. The appellant has also relied upon the decision of DHL Express (I) (P) Ltd. v. ACIT (2009) 124 TTJ 108 (Mum.). The facts of the two ITA No.440/Coch/2019. 5 M/s.Pioneer Motors (Kannur) Pvt. Ltd. cases relied upon by the appellant are clearly distinguishable from the appellant’s case. In the case of DHL, the Hon’ble High Court concluded that setting up date and commencement date of the business were distinct in the case of assessee there. In Ralli…

SUNNY VISTA REALTORS P. LTD,MUMBAI vs. ASST CIT CIR 3(3), MUMBAI

Appeal of the assessee is partly allowed

ITA 4580/MUM/2013[2009-10]Status: DisposedITAT Mumbai11 Jan 2017AY 2009-10

Bench: Shri Mahavir Singh () & Shri Ashwani Taneja ()

Section 143(3)Section 234BSection 234D

…iness may be commenced subsequently, but for the purpose of allowing the expenses, it has to be seen that when the business can be said to be ‘set- up’……...” 17. Similar view was taken in another judgment in the case of M/s DHL Express (I) Pvt. Ltd. Vs. ACIT 124 TTJ 108 (Mumbai) observing that the date of setting up 17 18. Turning back to the facts of the case, we have examined whether the business of the assessee was yet set up or not. While examining the facts of the case, we came across the chronology of events of development of projects of the assessee, which reads as under:- CHRONOLOGY OF EVENT FOR PROJEC…

GLOBEX ENERGIA P.LTD,MUMBAI vs. ASST CIT 6(3), MUMBAI

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

ITA 1109/MUM/2014[2010-11]Status: DisposedITAT Mumbai18 Nov 2016AY 2010-11

Bench: Shri Amit Shukla & Shri Ashwani Tanejaassessment Year: 2010-11 Globex Energia P. Ltd. Acit 6(3) 4Th Floor, Sadhna House, 570 Mumbai- बनाम/ Pandurang Budhkar Marg, Vs. Behind Mahindra Towr, S. Worli Mumbai-400018 (Appellant) (Respondent ) P.A. No.Aadcg1161C Appellant By Shri Nishant Thakkar & Mis. Jasmin Amalsadvala (Ar) Revenue By Shri Prakash Mane (Dr) सुनवाई क" तार"ख/Date Of Hearing: 09/11/2016 18/11/2016 आदेश क" तार"ख /Date Of Order:

Section 143(1)Section 143(3)

…ave set up its business from the date when one of categories of its business was started and all the revenue expenditures after such date are allowable. Hon’ble Mumbai bench of Income Tax Appellate Tribunal in the case of M/s DHL Express (I) Pvt. Ltd. v. ACIT 124 TTJ 108 held as under: “a unit cannot be said to have been set up unless it is ready to discharge the function for which it is being set up. It was further held that setting up of business is distinct from commencement of business and expenses incurred after the setting up of the business are deductible as Revenue expenditure. It was held as held by the…