Mysore Minerals Ltd. v. CIT

239 ITR 775Supreme Court of India1999#419 most cited

What is Mysore Minerals Ltd. v. CIT authority for?

For income tax purposes, the 'owner' of a property is the person who is entitled to receive income in their own right, bears the risks incidental to ownership, and utilizes the asset, even if the sale deed is not formally registered. This beneficial ownership is sufficient for claiming depreciation or capital gains exemption under relevant sections.

215

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2012 to 2026.

Also referred to as

Mysore Minerals Ltd v CIT · 239 ITR 775 · Section 32 · Section 54 · Section 22 · definition of owner · beneficial ownership · depreciation claim · registration of sale deed not mandatory · real owner · capital gains exemption · Income from House Property

Also reported as

106 Taxmann 166

Sections most often in play

Section 143(3)Section 142(1)Section 147Section 32Section 148Section 53ASection 54FSection 234A

Issues it is cited on

section 53asection 53section 32(1)put to usesection 32intangible assetscapital expenditurerevenue expenditurelong term capital gainsection 26transferreasonable cause

Judgments citing Mysore Minerals Ltd. v. CIT

Asstt. C.I.T, Central Cir, -2(1), Nagpur vs. M/S Gupta Coal(India) Ltd, Nagpur

In the result, cross objections No

ITA 479/NAG/2014[2008-09]Status: DisposedITAT Nagpur22 Oct 2019AY 2008-09

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

…e purpose of smooth functioning and to facilitate the movements of goods. The Hon'ble Supreme Court had an occasion to examine the allowability of depreciation on building which was not owned by the assessee. In the case of Mysore Minerals Ltd. Vs. CIT (1999) 239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs to one wh…

Asstt. C.I.T, Central Cir, -2(1), Nagpur vs. M/S Gupta Coal(India) Ltd, Nagpur

In the result, cross objections No

ITA 478/NAG/2014[2007-08]Status: DisposedITAT Nagpur22 Oct 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

…e purpose of smooth functioning and to facilitate the movements of goods. The Hon'ble Supreme Court had an occasion to examine the allowability of depreciation on building which was not owned by the assessee. In the case of Mysore Minerals Ltd. Vs. CIT (1999) 239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs to one wh…

Asstt. C.I.T, Central Cir, -2(1), Nagpur vs. M/S Gupta Coal(India) Ltd, Nagpur

In the result, cross objections No

ITA 477/NAG/2014[2006-07]Status: DisposedITAT Nagpur22 Oct 2019AY 2006-07

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

…e purpose of smooth functioning and to facilitate the movements of goods. The Hon'ble Supreme Court had an occasion to examine the allowability of depreciation on building which was not owned by the assessee. In the case of Mysore Minerals Ltd. Vs. CIT (1999) 239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs to one wh…

Asstt.C, I, .T, Central Cir, -2(3), Nagpur vs. M/S Gupta Coalfields & Washeries Ltd., Nagpur

In the result, cross objections No

ITA 429/NAG/2014[2005-06]Status: FixedITAT Nagpur22 Oct 2019AY 2005-06

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

…e purpose of smooth functioning and to facilitate the movements of goods. The Hon'ble Supreme Court had an occasion to examine the allowability of depreciation on building which was not owned by the assessee. In the case of Mysore Minerals Ltd. Vs. CIT (1999) 239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs to one wh…

Astt.Commissioner of Income Tax, Central Cir 2(3) R, Nagpur vs. M Gupta Coalfields & Washeries Ltd., Nagpur

In the result, cross objections No

ITA 414/NAG/2014[2008-09]Status: DisposedITAT Nagpur22 Oct 2019AY 2008-09

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

…e purpose of smooth functioning and to facilitate the movements of goods. The Hon'ble Supreme Court had an occasion to examine the allowability of depreciation on building which was not owned by the assessee. In the case of Mysore Minerals Ltd. Vs. CIT (1999) 239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs to one wh…

ACIT, New Delhi vs. Oriental Nagpur Bye Pass Construction Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 3169/DEL/2017[2013-14]Status: DisposedITAT Delhi14 Oct 2019AY 2013-14

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2013-14 Acit, Vs. M/S. Oriental Nagpur Bye Central Circle-26, Pass Construction Pvt. Ltd., New Delhi 21/48, Commercial Complex, Malcha Marg, Diplomatic Enclave, New Delhi Pan :Aabco2017M (Appellant) (Respondent)

Section 132Section 139(1)Section 143(3)Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’, NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER Assessment Year: 2013-14 ACIT, Vs. M/s. Oriental Nagpur Bye Central Circle-26, Pass Construction Pvt. Ltd., New Delhi 21/48, Commercial Complex, Malcha Marg, Diplomatic Enclave, New Delhi PAN :AABCO2017M (Appellant) (Respondent) Appellant by Shri K. Hauthang, Sr.DR Respondent by Shri K.V.S. Krishna, CA Date of hearing 25.09.2019 Date of pronouncement 14.10.2019 ORDER PER O.P. KANT, AM: This appeal by the Revenue is directed against the order dated 23rd February, 2017…

Oil India Ltd., Dibrugarh vs. The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh

ITA 33/GTY/2018[2008-09]Status: DisposedITAT Guwahati26 Aug 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

Oil India Ltd., Dibrugarh vs. Assistant Commissioner of Income Tax, Circle -2, Dibrugarh

ITA 9/GTY/2014[2010-11]Status: DisposedITAT Guwahati26 Aug 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

Oil India Ltd., Dibrugarh vs. Assistant Commissioner of Income Tax, Range -2, Dibrugarh

ITA 325/GTY/2013[2009-10]Status: DisposedITAT Guwahati26 Aug 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

Oil India Ltd., Dibrugarh vs. Additional Commissioner of Income Tax, Range -2, Dibrugarh

ITA 87/GTY/2010[2007-08]Status: DisposedITAT Guwahati26 Aug 2019AY 2007-08

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 123/GTY/2008[2006-07]Status: DisposedITAT Guwahati26 Aug 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 122/GTY/2008[2005-06]Status: DisposedITAT Guwahati26 Aug 2019AY 2005-06

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 121/GTY/2008[2004-05]Status: DisposedITAT Guwahati26 Aug 2019AY 2004-05

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

The Assistant Commissioner of Income Tax, Circle-2, Dibrugarh vs. Oil India Ltd., Dibrugarh

ITA 120/GTY/2008[2003-04]Status: DisposedITAT Guwahati26 Aug 2019AY 2003-04

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 251Section 80I

…idual report is submitted, it should not be treated as a non- compliance of the provision’s of the Act. The AR also submitted that Section 80IB/80IC gave certain tax relief in certain circumstances and therefore such a provision is to be liberally construed. (239 ITR 775 (SC) For the reasons aforesaid it was submitted by the AR that the benefit under Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04…

Siksha Niketan H.S. School, Agartala vs. Assistant Commissioner of Income Tax, Circle - Agartala, Agartala

Appeals are allowed in above terms

ITA 19/GTY/2018[2013-14]Status: DisposedITAT Guwahati03 Jul 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 10Section 143(3)Section 40Section 68

…We notice in this backdrop of facts that department is very fair in not denying the clinching fact about the assessee having raised construction of the school building in issue. The hon’ble apex court’s landmark decision in Mysore Mineral Ltd. vs. CIT (1999) 239 ITR 775 (SC). Their lordships hold that beneficial ownership in such a backdrop has to be taken as vested with the person having dominies over the asset for business purposes. We therefore delete this last depreciation disallowance in corresponding assessment years. This assessee’s appeals are allowed in above terms. No other issue has been argued before…

Siksha Niketan H.S. School, Agartala vs. Assistant Commissioner of Income Tax, Circle - Agartala, Agartala

Appeals are allowed in above terms

ITA 14/GTY/2018[2008-09]Status: DisposedITAT Guwahati03 Jul 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 10Section 143(3)Section 40Section 68

…We notice in this backdrop of facts that department is very fair in not denying the clinching fact about the assessee having raised construction of the school building in issue. The hon’ble apex court’s landmark decision in Mysore Mineral Ltd. vs. CIT (1999) 239 ITR 775 (SC). Their lordships hold that beneficial ownership in such a backdrop has to be taken as vested with the person having dominies over the asset for business purposes. We therefore delete this last depreciation disallowance in corresponding assessment years. This assessee’s appeals are allowed in above terms. No other issue has been argued before…

Mokama Munger Highway Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-16(2), Hyderabad

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

ITA 2146/HYD/2018[2015-16]Status: DisposedITAT Hyderabad03 Jul 2019AY 2015-16

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri D.V. AnjaneyuluFor Respondent: Shri Y.V.S.T. Sai, (CIT) DR
Section 143(1)Section 143(2)

…t, however, after discussing the provisions of National Highway Act, 1956 and National Highway Authorities of India Act, 1988 and various case laws including that are strongly relied upon by the Ld. A.R. e.g. "Mysore Minerals Ltd. vs. CIT" reported in (1999) 239 ITR 775 SC, "CIT vs Podar Cement Pvt. Ltd. & others" reported in (1997) 226 ITR 625 SC and "CIT vs. Noida Toll Bridge Company Ltd." (Allahabad HC) (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part of the national highways enters into an agr…

Mokama Munger Highway Limited, Hyderabad vs. Income Tax Officer, Ward-16(4), Hyderabad

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

ITA 2145/HYD/2018[2014-15]Status: DisposedITAT Hyderabad03 Jul 2019AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri D.V. AnjaneyuluFor Respondent: Shri Y.V.S.T. Sai, (CIT) DR
Section 143(1)Section 143(2)

…t, however, after discussing the provisions of National Highway Act, 1956 and National Highway Authorities of India Act, 1988 and various case laws including that are strongly relied upon by the Ld. A.R. e.g. "Mysore Minerals Ltd. vs. CIT" reported in (1999) 239 ITR 775 SC, "CIT vs Podar Cement Pvt. Ltd. & others" reported in (1997) 226 ITR 625 SC and "CIT vs. Noida Toll Bridge Company Ltd." (Allahabad HC) (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part of the national highways enters into an agr…

Mokama Munger Highway Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Circle-16(2), Hyderabad

In the result, all the three appeals of the assessee are partly allowed for statistical purposes

ITA 1729/HYD/2018[2013-14]Status: DisposedITAT Hyderabad03 Jul 2019AY 2013-14

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri D.V. AnjaneyuluFor Respondent: Shri Y.V.S.T. Sai, (CIT) DR
Section 143(1)Section 143(2)

…t, however, after discussing the provisions of National Highway Act, 1956 and National Highway Authorities of India Act, 1988 and various case laws including that are strongly relied upon by the Ld. A.R. e.g. "Mysore Minerals Ltd. vs. CIT" reported in (1999) 239 ITR 775 SC, "CIT vs Podar Cement Pvt. Ltd. & others" reported in (1997) 226 ITR 625 SC and "CIT vs. Noida Toll Bridge Company Ltd." (Allahabad HC) (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part of the national highways enters into an agr…

Valecha Badwani Sendhwa Tollways Limited, Mumbai vs. Principal Commissioner of Income Tax - 11, Mumbai

In the result, the grounds of appeal raised by assessee are allowed

ITA 2848/MUM/2018[2013-14]Status: DisposedITAT Mumbai23 Apr 2019AY 2013-14

Bench: Shri G.S. Pannu, Vice- & Shri Pawan Singhvalecha Badwani Sendhwa Pcit-11 Tollways Ltd. 4Th Floor, R.No. 417, Aayakar Bhavan, Valecha Chambers, Andheri M.K. Road, Mumbai-400020. New Link Road, Andheri (W), Vs. Mumbai-400053. Pan: Aadcv6105B Appellant Respondent Valecha Lm Tools Pvt. Ltd. Pcit-11 4Th Floor, Valecha Chambers, R.No. 417, Aayakar Bhavan, Andheri New Link Road, M.K. Road, Mumbai-400020. Andheri (W), Vs. Mumbai-400053. Pan: Aadcv2787M Appellant Respondent : Shri Sumant Chadha With Appellant By Mr. Jitendra Trivedi (Ar) Respondent By : Shri S.K. Poddar (Cit-Dr) Date Of Hearing : 01.04.2019 Date Of Pronouncement : 23.04.2019

For Respondent: Shri Sumant Chadha with
Section 143(3)Section 254(1)Section 263Section 32

…Bombay High Court, however, after discussing the provisions of National Highway Act, 1956 and National Highway Authorities of India Act, 1988 and various case laws including that are strongly relied upon by the Ld. A.R. e.g. Mysore Minerals Ltd. v. CIT [1999] 239 ITR 775/106 Taxman 166 (SC), CIT v. Podar Cement (P.) Ltd. [1997] 226 ITR 625/92 Taxman 541 (SC) and Noida Toll Bridge Co. Ltd. (supra), has held that the national highways vest in the Union of India and if the government for the purpose of development and maintenance of the whole or any part of the national highways enters into an agreement with private…