New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT

30 ITR 338High Court1956#2596 most cited

What is New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT authority for?

This case lays down a crucial test to distinguish between revenue expenditure (current repairs) and capital expenditure. Expenditure is considered revenue if its object is to preserve and maintain an existing asset without bringing a new asset into existence or obtaining a new or fresh advantage.

45

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2007 to 2025.

Also referred to as

New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT · 30 ITR 338 · Section 32 · Section 143(3) · Section 31(i) · revenue expenditure · capital expenditure · current repairs test · existing asset maintenance · new asset creation · new advantage

Sections most often in play

Section 1961 Section 143(3)Section 1961 Section 32

Issues it is cited on

revenue expenditurecapital expenditurecompanysection 143(3)indiabusiness

Judgments citing New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT

THE ACIT, COCHIN vs. M/S.MFAR HOTELS & RESORTS LTD, COCHIN

In the result, the appeal by the Revenue is dismissed

ITA 335/COCH/2015[2011-12]Status: DisposedITAT Cochin27 May 2025AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhail: A.Y. : 2011-12 C.O. No. 13/Coch/2015 : A.Y. : 2011-12 (Arising Out Of Ita No. 335/Coch/15)

For Appellant: Shri Rajakannan, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 250

…essee from banquet sales during the period of renovation, and comparison with the total cost of the original asset. The AO also placed reliance upon the decision of the Hon’ble Bombay High Court in New Shorrock Spg. & Mfg. Co. Ltd. v/s CIT, reported in [1956] 30 ITR 338 (Bom.), and the decisions of the Hon’ble Supreme Court in Ballimal Naval Kishore v/s CIT, reported in [1997] 224 ITR 414 (SC), and in CIT v/s Saravana Spg. Mills (P.) Ltd., reported in [2007] 293 ITR 201 (SC). 11. Before dealing with the submissions of both sides and the findings of the lower authorities as regards the issue at hand, it is releva…

INDIA FLYSAFE AVIATION LTD.,NEW DELHI vs. DCIT, CIRCLE-12(1), NEW DELHI

ITA 1582/DEL/2019[2013-14]Status: DisposedITAT Delhi12 Jan 2024AY 2013-14

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2013-14

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms Meenakshi Dohare, Sr. DR
Section 143Section 143(3)

…and were not required to be replaced as per the DCGA guidelines and therefore the same was not a capital expenditure. Reliance was placed on the judgment of the Hon'ble Apex Court in the case of New Shorrock Spinning and Manufacturing Co. Ltd. vs. CIT [1956] 30 ITR 338 (SC) and also in the case of Mr. Ballimal Naval Kishore vs. CIT reported in [1997] 224 ITR 414 (SC). Reliance was also placed on the judgment of the Hon'ble Delhi High Court in the case of CIT vs. Jagatjit Industries Ltd. reported in [2000] 241 ITR 566 for the proposition that the replacement of parts of existing machinery will be revenue expendit…

M/S. TANFAC INDUSTREIS LTD.,,CHENNAI vs. ACIT, CORPORATE CIRCLE - 3 (1),, CHENNAI

In the result, the appeal stands dismissed

ITA 719/CHNY/2020[2003-04]Status: DisposedITAT Chennai04 Jan 2023AY 2003-04

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri R.Vijayaraghavan, (Advocate)- Ld. ARFor Respondent: Shri D.Hema Bhupal (JCIT)-Ld. DR
Section 143(3)

…see did not fall within the meaning of "current repairs" in section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT [1997] 2 SCC 449 approved the test formulated by Chagla, C.J. in the case of New Shorrock Spg. & Mfg. Co. Ltd. v. CIT [1956] 30 ITR 338 (Bom.) as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asse…

TOYOTA BOSHOKU AUTOMOTIVE INDIA PRIVATE LIMITED,RAMANAGARAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, LTU, CIRCLE-2, BANGALORE

In the result, the appeal of the assessee is allowed

ITA 362/BANG/2021[2016-17]Status: DisposedITAT Bangalore18 Jul 2022AY 2016-17

Bench: Shri N.V Vasudevan, Hon’Ble & Shri Laxmi Prasad Sahu

For Appellant: Ms. Hirali Desai, ARFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 92D

…his issue is covered by Supreme Court decision in the case of Ballimal Naval Kishore & Anr Vs. CIT [1997] 224 ITR 414 (SC) where in the court applied the test propounded by Bombay High Court in the case of New Sharrock Spinning and Manufacturing _Company Ltd (30 ITR 338). The test is proposed in the case by Hon'ble Bombay High Court whether a particular expenditure towards repairs to machinery or building etc. is capital or revenue. As per this decision one need to see, based on facts whether such expenditure is incurred to preserve or maintain already existing assets or it is incurred for renewal, restoration, b…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE vs. M/S. KARNATAKA STATE POLICE HOUSING & INFRASTRUCTURE DEVELOPENT CORPORATION LIMITED, BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 187/BANG/2020[2015-16]Status: DisposedITAT Bangalore25 Nov 2021AY 2015-16

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE vs. M/S. KARNATAKA STATE POLICE HOUSING & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 186/BANG/2020[2013-14]Status: DisposedITAT Bangalore25 Nov 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE vs. M/S. KARNATAKA STATE POLICE HOUSING & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 185/BANG/2020[2012-13]Status: DisposedITAT Bangalore25 Nov 2021AY 2012-13

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

M/S. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -4(1)(1), BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 144/BANG/2020[2015-16]Status: DisposedITAT Bangalore25 Nov 2021AY 2015-16

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

M/S. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(5), BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 143/BANG/2020[2013-14]Status: DisposedITAT Bangalore25 Nov 2021AY 2013-14

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

M/S. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11(5), BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 142/BANG/2020[2012-13]Status: DisposedITAT Bangalore25 Nov 2021AY 2012-13

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE vs. M/S. KARNATAKA STATE POLICE HOUSING & INFRASTRUCTURE DEVELOPMENT CORP LIMITED, BANGALORE

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 1349/BANG/2019[2014-15]Status: DisposedITAT Bangalore25 Nov 2021AY 2014-15

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

M/S. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BENGALURU

In the result, all the appeals of the revenue and the appeal of the assessee for AY 2013-14 are dismissed and the appeals of the assessee for AY 2012-13 and 2014-15 are treated as partly allowed

ITA 1267/BANG/2019[2014-15]Status: DisposedITAT Bangalore25 Nov 2021AY 2014-15

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year : 2014-15

For Appellant: Shri Ashok A Kulkarni, A.RFor Respondent: Shri Sumer Singh Meena, D.R

…l within the meaning of "current repairs" in Section 31(i). 12. This Court in the case of Ballimal Naval Kishore v. CIT (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 as to when the expenditure can be said to have been incurred on current repairs. In that case it was observed as follows: "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure for repairs what is really being done is to preserve and maintain an already existing asset. The…

INDIA FLYSAFE AVIATION LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee stands allowed

ITA 969/DEL/2017[2012-13]Status: DisposedITAT Delhi30 Sept 2020AY 2012-13

…nd were not required to be replaced as per the DCGA guidelines and therefore the same was not a capital expenditure. Reliance was placed on the judgment of the Hon’ble Apex Court in the case of New Shorrock Spinning and Manufacturing Co. Ltd. vs. CIT [1956] 30 ITR 338 (SC) and also in the case of Mr. Ballimal Naval Kishore vs. CIT reported in [1997] 224 ITR 414 (SC). Reliance was also placed on the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Jagatjit 9 India Flysafe Aviation Ltd. vs. DCIT Industries Ltd. reported in [2000] 241 ITR 566 for the proposition that the replacement of parts…

SCHOTT GLASS INDIA PVT. LTD,MUMBAI vs. INCOME TAX OFFICER-11(2)(1), MUMBAI

In the result, the ground No

ITA 2081/MUM/2016[2011-12]Status: DisposedITAT Mumbai15 Sept 2020AY 2011-12

Bench: Shri C. N. Prasad, Jm& Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 2081/Mum/2016 (निर्धारणवर्ा / Assessment Year: 2011-12) Ito 11(2)(1), M/S Schott Glass India Pvt. Room No. 425, 4Th Floor, Ltd. Aayakar Bhavan, M. K. 303/304, 3Rd Floor, Dynasty बिधम/ Road, Mumbai-400 020 A Wing, Andheri Kurla Vs. Road, Andheri (East), Mumbai-400 059. स्थायीलेखासं./जीआइआरसं./Pan No. Aadcs8583L (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant Shri Dhanesh Bafna, Ar : By प्रत्यथीकीओरसे/Respondentby : Shri V. Vinod Kumr, Dr 04.08.2020 Virtual Date Of Hearing : Date Of Pronouncement 15.09.2020 :

For Respondent: Shri V. Vinod Kumr, DR
Section 143Section 143(3)Section 144C(5)Section 30Section 31

…iture incurred for the same cannot be considered as capital in nature. > The assessee places reliance in case of CIT v. Saravana Spinning Mills Ltd. (293 ITR 201) (SC); Ballimal Naval Kishore v. CIT (225 ITR 414) (SC); New Shorrock Spg & Mfg Co. Ltd. v. CIT (30 ITR 338) (Born HC) and others (please refer the point no. 5.5 of appendix II of the objections filed before Your Honour) > Rebuttal of Assessing Officer's observations while disallowing assessee's claim for deduction under section 31 of the Act Observation - The expenses incurred are one-time expenses resulting in enduring benefit to the assessee Rebut…

DCIT, NEW DELHI vs. M/S IRCON INTERNATIONAL LTD., NEW DELHI

In the result, all the three appeals of the assessee for A

ITA 3805/DEL/2008[2003-04]Status: DisposedITAT Delhi31 Oct 2019AY 2003-04

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…2007) 293 ITR 201(SC) as under: “ 12. This Court in the case of Ballimal Naval Kishore vs. CIT (1997) 138 CTR (SC) 284 : (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning & Manufacturing Co. Ltd. vs. CIT (1956) 30 ITR 338 (Bom) as to when the expenditure can be said to ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 25 2234/Del/2005 & 3805/Del/2008 have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an exp…

IRCON INTERNATIONAL LTD.,,NEW DELHI vs. DCIT, CIRCLE-11(1),, DELHI

In the result, all the three appeals of the assessee for A

ITA 705/DEL/2006[2002-2003]Status: DisposedITAT Delhi31 Oct 2019AY 2002-2003

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…2007) 293 ITR 201(SC) as under: “ 12. This Court in the case of Ballimal Naval Kishore vs. CIT (1997) 138 CTR (SC) 284 : (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning & Manufacturing Co. Ltd. vs. CIT (1956) 30 ITR 338 (Bom) as to when the expenditure can be said to ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 25 2234/Del/2005 & 3805/Del/2008 have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an exp…

DCIT, CIRCLE-11(1) vs. IRCON INTERNATIONAL LTD.,,

In the result, all the three appeals of the assessee for A

ITA 2234/DEL/2005[2001-2002]Status: DisposedITAT Delhi31 Oct 2019AY 2001-2002

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…2007) 293 ITR 201(SC) as under: “ 12. This Court in the case of Ballimal Naval Kishore vs. CIT (1997) 138 CTR (SC) 284 : (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning & Manufacturing Co. Ltd. vs. CIT (1956) 30 ITR 338 (Bom) as to when the expenditure can be said to ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 25 2234/Del/2005 & 3805/Del/2008 have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an exp…

IRCON INTERNATIONAL LIMITED,NEW DELHI vs. ACIT, NEW DELHI

In the result, all the three appeals of the assessee for A

ITA 3804/DEL/2008[2003-04]Status: DisposedITAT Delhi31 Oct 2019AY 2003-04

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…2007) 293 ITR 201(SC) as under: “ 12. This Court in the case of Ballimal Naval Kishore vs. CIT (1997) 138 CTR (SC) 284 : (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning & Manufacturing Co. Ltd. vs. CIT (1956) 30 ITR 338 (Bom) as to when the expenditure can be said to ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 25 2234/Del/2005 & 3805/Del/2008 have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an exp…

IRCON INTERNATIONAL LTD. vs. ADDL. CIT, RANGE-11,,

In the result, all the three appeals of the assessee for A

ITA 1825/DEL/2005[2001-2002]Status: DisposedITAT Delhi31 Oct 2019AY 2001-2002

Bench: : Shri Bhavnesh Saini & Shri O.P. Kant

Section 80HSection 80I

…2007) 293 ITR 201(SC) as under: “ 12. This Court in the case of Ballimal Naval Kishore vs. CIT (1997) 138 CTR (SC) 284 : (1997) 2 SCC 449 approved the test formulated by Chagla C.J. in the case of New Shorrock Spinning & Manufacturing Co. Ltd. vs. CIT (1956) 30 ITR 338 (Bom) as to when the expenditure can be said to ITA Nos. 1825/Del/2005, 705/Del/2006 & 3804/Del/2008 AND ITA Nos. 25 2234/Del/2005 & 3805/Del/2008 have been incurred on current repairs. In that case it was observed as follows : "The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an exp…

PEERLESS HOTELS LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

Appeal of the Revenue is dismissed

ITA 2077/KOL/2017[2002-03]Status: DisposedITAT Kolkata17 May 2019AY 2002-03

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2002-03

Section 254

…on of hotel building was eligible for deduction u/s. 30(a)(i) of the Act. The assessee in support of its claim also relied on the following judgments:- i) Hon'ble Bombay High Court in the case of New Shorrock Spinning and Manufacturing Co. Ltd. vs. CIT (1956) 30 ITR 338 ii) Bombay Steam Navigation Co. Pvt. Ltd. vs. CIT (1965) 56 ITR 52(SC) iii) CIT vs. ICI (India) Pvt. Ltd. (1983) 139 ITR 105, 106 (Cal) Ld. CIT(A) after considering the submissions of assessee deleted the addition made by the AO by observing as under:- “5.2 I have considered the facts of the case and the submissions of the appellant. The AO disall…

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