Maharaja Chintamani Saran Nath Sah Deo v. CIT Bihar and Orissa

82 ITR 464Reported decision1971#7514 most cited

What is Maharaja Chintamani Saran Nath Sah Deo v. CIT Bihar and Orissa authority for?

A single payment made for the acquisition of a lessor's right by a lessee to enjoy lease benefits is considered a payment on capital account, as the general right is a capital asset.

15

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2024.

Also referred to as

Maharaja Chintamani Saran Nath Sah Deo v. CIT · salami · premium · capital receipt · revenue receipt · capital asset · lease · lessee · lessor · payment on capital account

Judgments citing Maharaja Chintamani Saran Nath Sah Deo v. CIT Bihar and Orissa

M/S. Mahindra Residential Developers Ltd., Kanchipuram vs. ITO, Corporate Ward - 4 (1), Chennai

In the result, the appeals of the assessee for AYs 2012-13, 2013-14

ITA 338/CHNY/2020[2013-14]Status: DisposedITAT Chennai06 Sept 2024AY 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.870/Chny/2017 िनधा"रणवष"/Assessment Year: 2012-13 & आयकर अपील सं./Ita Nos.338 & 339/Chny/2020 िनधा"रणवष"/Assessment Years: 2013-14 & 2014-15

For Appellant: Mr.Raghavan-For Respondent: Shri A. Sasikumar, CIT
Section 10ASection 143(2)Section 143(3)Section 80

…ny/2017 for AY 2012-13 & ITA Nos.338 & 339/Chny/2020 for AYs 2013-14 & 2014-15 M/s. Mahindra Residential Developers Ltd. :: 32 :: 11. The Supreme Court against had an occasion to consider this question in Maharaja Chintamani Saran Nath Sah Deo v. CIT [9171] 82 ITR 464. It was held (p. 467) : "Salami is a single payment made for the acquisition of the right of the lessor by the lessee to enjoy the benefits granted to him by the lease. The general right may properly be regarded as a capital asset and the money paid to purchase it may properly be held to be a payment on capital account". 12. The Supreme Court, t…

The ACIT-3(1), Indore vs. M/S. Madhya Pradesh Audyogik Kendra Vikas Nigam (I) Ltd., Indore

In the result, the appeals filed by the assessee company –

ITA 534/IND/2016[2008-09]Status: DisposedITAT Indore21 Mar 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

The ACIT-3(1), Indore vs. M/S. Madhya Pradesh Audyogik Kendra Vikas Nigam (I) Ltd., Indore

In the result, the appeals filed by the assessee company –

ITA 533/IND/2016[2007-08]Status: DisposedITAT Indore21 Mar 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

The ACIT-3(1), Indore vs. M/S. Madhya Pradesh Audyogik Kendra Vikas Nigam (I) Ltd., Indore

In the result, the appeals filed by the assessee company –

ITA 532/IND/2016[2006-07]Status: DisposedITAT Indore21 Mar 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

The ACIT-3(1), Indore vs. M/S. Madhya Pradesh Audyogik Kendra Vikas Nigam (I) Ltd., Indore

In the result, the appeals filed by the assessee company –

ITA 531/IND/2016[2004-05]Status: DisposedITAT Indore21 Mar 2018AY 2004-05

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

The ACIT-3(1), Indore vs. M/S. Madhya Pradesh Audyogik Kendra Vikas Nigam (I) Ltd., Indore

In the result, the appeals filed by the assessee company –

ITA 530/IND/2016[2003-04]Status: DisposedITAT Indore21 Mar 2018AY 2003-04

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S. Sez Indore Limted, Indore vs. The DCIT Circle -3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 206/IND/2016[2010-11]Status: DisposedITAT Indore21 Mar 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S. Sez Indore Limted, Indore vs. The DCIT Circle -3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 205/IND/2016[2009-10]Status: DisposedITAT Indore21 Mar 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S. M.P. Audhyogik Kendra Vikas Nigam, Indore vs. The DCIT 3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 761/IND/2014[2010-11]Status: DisposedITAT Indore21 Mar 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S. Sez Indore Limited, Indore vs. The CIT-I, Indore

In the result, the appeals filed by the assessee company –

ITA 571/IND/2014[2006-07]Status: DisposedITAT Indore21 Mar 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Indore vs. The ACIT3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 351/IND/2013[2008-09]Status: DisposedITAT Indore21 Mar 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Indore vs. The ACIT3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 350/IND/2013[2007-08]Status: DisposedITAT Indore21 Mar 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Indore vs. The ACIT3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 349/IND/2013[2006-07]Status: DisposedITAT Indore21 Mar 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Indore vs. The ACIT3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 348/IND/2013[2004-05]Status: DisposedITAT Indore21 Mar 2018AY 2004-05

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…

M/S Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Indore vs. The ACIT3(1), Indore

In the result, the appeals filed by the assessee company –

ITA 347/IND/2013[2003-04]Status: DisposedITAT Indore21 Mar 2018AY 2003-04

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 347 To 351/Ind/2013, 760 & 761/Ind/2014 "नधा"रण वष" // A.Ys.: 2003-04, 2004-05, 2006-07 To 2008-09, 2009-10 & 2010-11 Madhya Pradesh Audyogik Vs. Assistant Commissioner Of Kendra Vikas Nigam Income-Tax, (Indore) Limited, 3(1), Indore. Indore. अपीलाथ" /Appellant ""यथ" /Respondent "था.ले.सं./Pan: Aadcm7525Q

For Respondent: Shri Manoj Munshi

…apportionment of the cost of acquisition is concerned, it is a question of fact to be determined by the ITO in each case on the basis of evidence. (v) The Supreme Court in case of Maharaja Chintamani Saran Nath Sah Deo Versus CIT Bihar and Orissa (1971) 82 ITR 464 Hon'ble Supreme Court has held that the principle on which the Courts have acted whether a payment described as Salami or Premium is capital or revenue receipt are well settled. Salami or Premium is a single payment made for the acquisition of right of the lessor by the lessee to enjoy the benefits granted by the lease. That general right may prop…