Machinery Manufacturers Corporation Ltd. v. CIT

31 ITR 203High Court1957#7396 most cited

What is Machinery Manufacturers Corporation Ltd. v. CIT authority for?

The term 'used' in the context of asset depreciation includes both active and passive use, meaning depreciation is allowable even if an asset is merely kept ready for use rather than actively employed.

15

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2008 to 2022.

Also referred to as

Machinery Manufacturers Corporation Ltd. v. CIT · section 10(2)(vi) · section 32 · depreciation · passive use · active use · ready for use

Sections most often in play

Section 143(3)Section 144C(13)Section 80A(6)Section 80IASection 80IA(8)

Issues it is cited on

section 33acsection 9(l)(vii)section 115vready for usesection 36(l)(iii)section 9(l)section 10(2)interest on interestsection 90(2)interest free advancessection 33block of assets

Judgments citing Machinery Manufacturers Corporation Ltd. v. CIT

Sambhav Energy Limited, Chennai vs. ACIT, Central Circle-1, Jodhpur

In the result, both the appeals filed by the assessee are treated as allowed for statistical purposes

ITA 258/JODH/2019[2014-15]Status: DisposedITAT Jodhpur02 Nov 2022AY 2014-15

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

…IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA Nos. 257 & 258/Jodh/2019 (ASSESSMENT YEARS- 2013-14 & 2014-15) M/s Sambhav Energy Vs ACIT, Limited Central Circle-01, 5, 1st Floor, Damodaran Jodhpur Street, Kellys, Chennai (Appellant) (Respondent) PAN NO. AAJCS 8821 R Assessee By Sh. Amit Kothari (CA) Revenue By Smt. Alka Rajvanshi Jain, CIT-DR Date of hearing 01/11/2022 Date of 02/11/2022 Pronouncement O R D E R PER: B.R. BASKARAN, AM Both the appeals filed by the assessee are directed against the orders dated…

Sambhav Energy Limited, Chennai vs. ACIT, Central Circle-1, Jodhpur

In the result, both the appeals filed by the assessee are treated as allowed for statistical purposes

ITA 257/JODH/2019[2013-14]Status: DisposedITAT Jodhpur02 Nov 2022AY 2013-14

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

…IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA Nos. 257 & 258/Jodh/2019 (ASSESSMENT YEARS- 2013-14 & 2014-15) M/s Sambhav Energy Vs ACIT, Limited Central Circle-01, 5, 1st Floor, Damodaran Jodhpur Street, Kellys, Chennai (Appellant) (Respondent) PAN NO. AAJCS 8821 R Assessee By Sh. Amit Kothari (CA) Revenue By Smt. Alka Rajvanshi Jain, CIT-DR Date of hearing 01/11/2022 Date of 02/11/2022 Pronouncement O R D E R PER: B.R. BASKARAN, AM Both the appeals filed by the assessee are directed against the orders dated…

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

In the result, ITA.No.276/Del

ITA 276/DEL/2017[2014-15]Status: DisposedITAT Delhi31 Jan 2022AY 2014-15

Bench: Shri R.K. Panda & Shri Narendra Kumar Choudhary

For Appellant: Shri Rahul PrabhakarFor Respondent: Shri P.C. Maurya, CIT
Section 115JSection 14A

…and tear suffered by the asset used by him in his business so that the net income (total income) is duty arrived at. There is no factual dispute that the assets in question were owned by the assessee. In Machinery Manufacturers Corporation Ltd. v. CIT [1957] 31 ITR 203 (Bom), it was observed that the expression "used" in section 10(2)(vi) of the Indian Income-tax Act, 1922 (hereinafter referred to as "the old Act"), corresponding to section 32 of the Act has to be given a wider meaning. The expression includes passive as well as active user. In CIT v. Dalmia Cement Ltd. [1945] 13 ITR 415 22 ITA.Nos.1001 & 1002/…

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

In the result, ITA.No.276/Del

ITA 1002/DEL/2016[2013-14]Status: DisposedITAT Delhi31 Jan 2022AY 2013-14

Bench: Shri R.K. Panda & Shri Narendra Kumar Choudhary

For Appellant: Shri Rahul PrabhakarFor Respondent: Shri P.C. Maurya, CIT
Section 115JSection 14A

…and tear suffered by the asset used by him in his business so that the net income (total income) is duty arrived at. There is no factual dispute that the assets in question were owned by the assessee. In Machinery Manufacturers Corporation Ltd. v. CIT [1957] 31 ITR 203 (Bom), it was observed that the expression "used" in section 10(2)(vi) of the Indian Income-tax Act, 1922 (hereinafter referred to as "the old Act"), corresponding to section 32 of the Act has to be given a wider meaning. The expression includes passive as well as active user. In CIT v. Dalmia Cement Ltd. [1945] 13 ITR 415 22 ITA.Nos.1001 & 1002/…

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

In the result, ITA.No.276/Del

ITA 1001/DEL/2016[2012-13]Status: DisposedITAT Delhi31 Jan 2022AY 2012-13

Bench: Shri R.K. Panda & Shri Narendra Kumar Choudhary

For Appellant: Shri Rahul PrabhakarFor Respondent: Shri P.C. Maurya, CIT
Section 115JSection 14A

…and tear suffered by the asset used by him in his business so that the net income (total income) is duty arrived at. There is no factual dispute that the assets in question were owned by the assessee. In Machinery Manufacturers Corporation Ltd. v. CIT [1957] 31 ITR 203 (Bom), it was observed that the expression "used" in section 10(2)(vi) of the Indian Income-tax Act, 1922 (hereinafter referred to as "the old Act"), corresponding to section 32 of the Act has to be given a wider meaning. The expression includes passive as well as active user. In CIT v. Dalmia Cement Ltd. [1945] 13 ITR 415 22 ITA.Nos.1001 & 1002/…

Jindal Steel & Power Ltd., New Delhi vs. ACIT, Hisar

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

ITA 893/DEL/2014[2009-10]Status: DisposedITAT Delhi29 Apr 2019AY 2009-10

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 893/Del/2014 : Asstt. Year : 2009-10 Jindal Steel & Power Ltd., Vs Asstt. Commissioner Of Jindal Centre, 12, Bhikaji Cama Income Tax, Hisar Circle, Place, New Delhi-110066 Hisar (Appellant) (Respondent) Pan No. Aaacj7079D Assessee By : Sh. Salil Kapoor, Adv., Sh. Sumit Lal Chandani, Adv., Ms. Ananya Kapoor, Adv. & Ms. Pallavi Saigal, Adv. Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing :05.03.2019 Date Of Pronouncement : 29.04.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer U/S 143(3)/144C(13) Of The Income Tax Act, 1961 Dated 29.10.2018 For Assessment Years 2013-14

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)Section 144CSection 80Section 80I

…dy for use, but is not actually put to use. The following decisions support the said proposition: " CIT vs. Viswanath Bhaskar Sathe (1937) 5 ITR 621 (Bom) " CIT vs. Dalmia Cement Ltd. (1945) 13 ITR 415 (Pat) " Machinery Manufacturers Corporation Ltd. v. CIT: 31 ITR 203 (Bom.) " Whittle Anderson Ltd. vs. CIT (1971) 79 ITR 613 (Bom) " Capital Bus Service P. Ltd. vs. CIT, (1980) 123 ITR 404 (Del) " CIT vs. Vayithri Plantations Ltd. (1981) 128 ITR 675 (Mad) " CIT vs. G.N. Agrawal (Individual): 217 ITR 250 (Bom.) " CIT vs. India Tea & Timber Trading Co. 221 ITR 857(Gau) " CIT vs. Geo Tech Construction Corpn: 244 ITR…

ITO, WD-11(3), Kolkata vs. M/S Kesoram Textile Mills Ltd., Kolkata

In the result the appeal by the revenue is dismissed

ITA 126/KOL/2016[2005-2006]Status: DisposedITAT Kolkata15 Nov 2017AY 2005-2006

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ] Assessment Year : 2005-06

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Akkal Dudhwewala
Section 50

…ITA No.126/Kol/2016 M/s. Kesoram Textile Mills Ltd A.Y.2005-06 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH ‘D’ KOLKATA [Before Hon’ble Shri J.Sudhakar Reddy, AM & Shri A.T.Varkey, JM ] Assessment Year : 2005-06 I.T.O., Ward-11(3) -versus- M/s. Kesoram Textile Mills Ltd. Kolkata Kolkata (PAN: AABCK 2416 N) (Appellant) (Respondent) For the Appellant: Shri Arindam Bhattacharjee, Addl. CIT For the Respondent: Shri Akkal Dudhwewala Date of Hearing : 25.09.2017. Date of Pronouncement : 15.11.2017. ORDER PER J.SUDHAKAR REDDY, AM: This is an appeal by the Revenue directed against the order of the Commissioner of…

M/S. Kla India Public Ltd., Delhi vs. JCIT, Rohtak

In the result, the appeal of the assessee is allowed

ITA 3332/DEL/2014[2010-11]Status: DisposedITAT Delhi30 Mar 2017AY 2010-11

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: Sh. Gautam Jain, AdvocateFor Respondent: Sh. Umesh Chand Dubey, Sr. DR

…essee for wear and tear suffered by the asset used by him in his business so that the net income (total income) is duly arrived at. There is no factual dispute that the assets in question were owned by the assessee. In Machinery Mfrs. Corpn. Ltd, v. CIT[1957] 31 ITR 203 (Bom.), it was observed that the expression 'used' in section 10(2)(v/') of the Indian Income-tax Act. 1922 ('the 1922 Act') corresponding to section 32 of the 6 ITA No.3332/Del./2014 1961 Act has to be given a wider meaning. The expression includes passive as well as active user. In CIT v. Dalmia Cement Ltd [19451 13 ITR 415 (Pat.) and CIT v. Wi…

CIT vs. Lakshmiji Sugar Mills Ltd

Appeals are dismissed

ITA/1132/2011HC Delhi06 Feb 2012

Bench: The Assessing Officer, The Respondent Assessee Had Submitted As Under:-

Section 260A

…ITA 1132 of 2011 & conn. Page 1 of 7 $~12 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1132/2011 + ITA 1133/2011 + ITA 1134/2011 % Date of Decision : 6th February, 2012. CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, sr. standing counsel versus LAKSHMIJI SUGAR MILLS LTD .... Respondent Through: Mr. Anil Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA,J: (ORAL) 1. These appeals by the R…

CIT vs. Lakshmiji Sugar Mills Ltd

Appeals are dismissed

ITA/1133/2011HC Delhi06 Feb 2012

Bench: The Assessing Officer, The Respondent Assessee Had Submitted As Under:-

Section 260A

…ITA 1132 of 2011 & conn. Page 1 of 7 $~12 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1132/2011 + ITA 1133/2011 + ITA 1134/2011 % Date of Decision : 6th February, 2012. CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, sr. standing counsel versus LAKSHMIJI SUGAR MILLS LTD .... Respondent Through: Mr. Anil Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA,J: (ORAL) 1. These appeals by the R…

CIT vs. Lakshmiji Sugar Mills Ltd

Appeals are dismissed

ITA - 1134 / 2011HC Delhi06 Feb 2012

Bench: The Assessing Officer, The Respondent Assessee Had Submitted As Under:-

Section 260A

…ITA 1132 of 2011 & conn. Page 1 of 7 $~12 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1132/2011 + ITA 1133/2011 + ITA 1134/2011 % Date of Decision : 6th February, 2012. CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, sr. standing counsel versus LAKSHMIJI SUGAR MILLS LTD .... Respondent Through: Mr. Anil Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA,J: (ORAL) 1. These appeals by the R…

CIT vs. Lakshmiji Sugar Mills Ltd

Appeals are dismissed

ITA - 1133 / 2011HC Delhi06 Feb 2012

Bench: The Assessing Officer, The Respondent Assessee Had Submitted As Under:-

Section 260A

…ITA 1132 of 2011 & conn. Page 1 of 7 $~12 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1132/2011 + ITA 1133/2011 + ITA 1134/2011 % Date of Decision : 6th February, 2012. CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, sr. standing counsel versus LAKSHMIJI SUGAR MILLS LTD .... Respondent Through: Mr. Anil Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA,J: (ORAL) 1. These appeals by the R…

CIT vs. Lakshmiji Sugar Mills Ltd

Appeals are dismissed

ITA - 1132 / 2011HC Delhi06 Feb 2012

Bench: The Assessing Officer, The Respondent Assessee Had Submitted As Under:-

Section 260A

…ITA 1132 of 2011 & conn. Page 1 of 7 $~12 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1132/2011 + ITA 1133/2011 + ITA 1134/2011 % Date of Decision : 6th February, 2012. CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, sr. standing counsel versus LAKSHMIJI SUGAR MILLS LTD .... Respondent Through: Mr. Anil Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA,J: (ORAL) 1. These appeals by the R…

Commisioner of Income Tax vs. M/s. Oswal Agro Mills Ltd

ITA-161/2006HC Delhi24 Dec 2010

…* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No.161 of 2006 with ITA No. 617 of 2006 ITA No. 998 of 2008 ITA No.1104 of 2008 ITA No. 1283 of 2008 Reserved On: OCTOBER 27, 2010. % Pronounced On: DECEMBER 24, 2010. 1) ITA No.161 of 2006 COMMISIONER OF INCOME TAX . . . Appellant through : Mr. N.P. Sahni, Advocate and Ms. P.L. Bansal, Advocate. VERSUS M/s. OSWAL AGRO MILLS LTD. . . .Respondent through: Mr. C.S. Aggarwal, Sr. Advocate with…

Commissioner of Income Tax vs. Saraya Industries Ltd

The appeal is dismissed with costs

ITA/571/2007HC Delhi11 Jan 2008

Bench: HON'BLE MR. JUSTICE MADAN B. LOKUR,HON'BLE MR. JUSTICE V.B. GUPTA

Section 271(1)(c)Section 32(1)

…Ltd., [2000] 113 TAXMAN 103. This Court noted that even though the Supreme Court had left the question of active or passive user open in the Liquidators of Pursa Ltd., but in Machinery Manufacturers Corporation Ltd. v. Commissioner of Income-tax, [1957] 31 ITR 203, the Bombay ITA No.571/2007 Page 6 of 8 High Court had given it a wider meaning. After considering Commissioner of Income-tax v. Dalmia Cement Ltd., [1945] 13 ITR 415 and Commissioner of Income-tax v. Viswanath Bhaskar Sathe, [1937] 5 ITR 621, this Court was of the view that passive user of machinery such as by keeping it in good…

Machinery Manufacturers Corporation Ltd. v. CIT (31 ITR 203) — Cited in 15 Judgments | BharatTax