Motor and General Fine Ltd. v. Income-Tax Officer

393 ITR 60Reported decision#10587 most cited

What is Motor and General Fine Ltd. v. Income-Tax Officer authority for?

An assessee's claim for set-off of unabsorbed depreciation beyond the period of 8 years must be allowed, in view of the amended provisions of section 32(2) effective from April 1, 2002. This case clarifies that unabsorbed depreciation is allowed to be carried forward and set off without any time limit.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2022.

Also referred to as

Motor and General Fine Ltd. v. Income-Tax Officer · 393 ITR 60 · unabsorbed depreciation · set off · carry forward · section 32(2) · amended provisions · assessment year

Judgments citing Motor and General Fine Ltd. v. Income-Tax Officer

Astt. Commissioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 24/LKW/2017[2010-11]Status: DisposedITAT Lucknow08 Jun 2022AY 2010-11

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commissioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 23/LKW/2017[2009-10]Status: DisposedITAT Lucknow08 Jun 2022AY 2009-10

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commisioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 211/LKW/2017[2014-15]Status: DisposedITAT Lucknow08 Jun 2022AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commisioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 210/LKW/2017[2013-14]Status: DisposedITAT Lucknow08 Jun 2022AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commisioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 165/LKW/2017[2012-13]Status: DisposedITAT Lucknow08 Jun 2022AY 2012-13

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commisioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 164/LKW/2017[2011-12]Status: DisposedITAT Lucknow08 Jun 2022AY 2011-12

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commissioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 631/LKW/2016[2010-11]Status: DisposedITAT Lucknow08 Jun 2022AY 2010-11

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

Astt. Commissioner of Income Tax (Exemption), Lucknow vs. M/S U.P Awas Evam Vikas Parishad, Lucknow

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 630/LKW/2016[2009-10]Status: DisposedITAT Lucknow08 Jun 2022AY 2009-10

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12ASection 143(3)Section 15Section 2(15)

…sion in the Apex Court. However, in the present facts, at this stage, there can be no question of our not following the order in Hindustan Unilever (supra). It may be pointed out that the Delhi High Court in Motor and General Fine Ltd. Vs. Income-Tax Officer, 393 ITR 60 has also adopted the view of the Gujarat High Court in General Motors (supra). 9. In the above view, as the question raised herein stands finally concluded by the decision of this Court in Hindustan Unilever (supra) against the Revenue. Thus, Appeal dismissed.” IX. DISMISSAL OF SLP CANNOT BE CONSTRUED AS DECLARATION OF LAW BY THE HON'BLE SUPREME…

ACIT, New Delhi vs. M/S. Central Electronics Ltd., New Delhi

In the result, the appeal filed by the Revenue in ITA No

ITA 4102/DEL/2016[2006-07]Status: DisposedITAT Delhi16 May 2019AY 2006-07

Bench: Shri N.K. Billaiya & Shri K.N. Chary[Assessment Year: 2006-07] The A.C.I.T. Vs. M/S Central Electronics Ltd Circle - 5(2) 781, Desh Bandhu Gupta Road Delhi Karol Bagh, New Delhi Pan: Aaacc 1261 G [Appellant] [Respondent] Date Of Hearing : 14.05.2019 Date Of Pronouncement : 16.05.2019

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Shri Abhishek Kumar, Sr. DR
Section 32(2)

…ies below. We have also gone through the decisions cited by the ld. AR. We find that the issue in now well settled in favour of the assessee and against the revenue by the decision of the Hon'ble High Court of Delhi in the case of Motor & General Finance Ltd 393 ITR 60. 8. The Hon'ble High Court of Delhi, while allowing the claim of unabsorbed depreciation, has also considered the decision of the Hon'ble Gujarat High Court in the case of General Motors [supra] and held that in view of the amended provisions of section 32(2) w.e.f. 1.4.2002, the assessee’s claim for set off of unabsorbed depreciation beyond the p…

DCIT 9(3)(2), Mumbai vs. Garware Polyster Ltd, Mumbai

In the result, appeal of the revenue is partly allowed

ITA 5757/MUM/2017[2012-13]Status: DisposedITAT Mumbai27 Mar 2019AY 2012-13

Bench: Shri Pawan Singh & Shri N.K. Pradhandcit-9(3)(2) M/S Garware Polyster Ltd. 418, 4Th Floor, Garware House, Western Express Aayakar Bhavan, Highway, Vile Parle(East), M.K. Road, Mumbai-400057. Vs. Mumbai-400020. Pan: Aaacg0571D Appellant Respondent Appellant By : Shri B.B. Rajendra Prasad (Cit-Dr) Respondent By : Shri Apurv Gandhi (Ar) Date Of Hearing : 20.03.2019 Date Of Pronouncement : 27.03.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri B.B. Rajendra Prasad (CIT-DR)For Respondent: Shri Apurv Gandhi (AR)
Section 115JSection 143(3)Section 14ASection 254(1)

…urt, we do not find any infirmity in the order of the CIT(A) for allowing set off of unabsorbed depreciation pertaining to the A.Ys 1999-00 and 2000-01 similar view has been taken by the Delhi High Court in the case of Motor and General Fine Ltd., reported in 393 ITR 60. Following the above reasons, we do not find any infirmity in the order of the Ld. CIT(A). 12. Considering the decision of Tribunal in assessee’s own case for Assessment Year 2010-11 dated 27.12.2008. We have further noted that while granting relief to the assessee, the ld. CIT(A) relied upon the decision of his predecessor for Assessment Year 20…

Motor and General Fine Ltd. v. Income-Tax Officer (393 ITR 60) — Cited in 10 Judgments | BharatTax