Niko Resources Ltd. v. ACIT

395 ITR 301High Court2017#7901 most cited

What is Niko Resources Ltd. v. ACIT authority for?

Mineral oil wells are considered "plant" for depreciation purposes under Section 32 of the Income Tax Act, as buildings of a special nature are not excluded from the definition of plant.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2025.

Also referred to as

Niko Resources Ltd. v. ACIT · Section 32 · Section 43(3) · plant · depreciation · mineral oil wells · buildings · special nature

Sections most often in play

Section 143(3)Section 234BSection 115JAASection 144CSection 144C(10)Section 234DSection 32Section 42

Issues it is cited on

section 14a(3)section 144(3)section 10(5)section 158asection 43(3)section 42section 35(1)(ii)section 44csection 14a(1)section 80ia(8)section 144c(10)section 115jaa

Judgments citing Niko Resources Ltd. v. ACIT

Joshi Technologies International Inc India Projects, Ahmedabad vs. The ACIT (Int. Taxa-1), Ahmedabad

In the result, all the three appeals filed by the assessee are partly allowed

ITA 81/AHD/2022[2018-19]Status: DisposedITAT Ahmedabad12 Dec 2025AY 2018-19

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

For Appellant: Shri Vishal Kalra, A.RFor Respondent: Shri Sher Singh, CIT-D.R
Section 143(3)Section 32Section 80I

…International Inc India Projects, A.Y. 2017-18,2019-20 & 2019-20 Department preferred appeal before the Hon’ble High Court and Hon’ble Supreme Court which were dismissed, upholding order of the Tribunal in favour of the assessee. ii) Niko Resoureces vs. ACIT 395 ITR 301 (Gujarat HC) iii) ITAT order dated 21.12.2019 in assessee’s own case for A.Y. 2001-02, 2002-03 and 2005-06 (ITA No. 904 & 905/Ahd/2009 and 3988/Ahd/2008 para 18.1 to 24) iv) ITAT order dated 19.05.2023 in assessee’s own case for A.Y. 2007-08 (ITA No. 3456/Ahd/2010 para 8-9) v) ITAT order dated 19.05.2023 in assessee’s own case for A.Y. 2008-09 (I…

Joshi Technologies International Inc India Projects, Ahmedabad vs. The ACIT (Int. Taxa-1), Ahmedabad

In the result, all the three appeals filed by the assessee are partly allowed

ITA 80/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad12 Dec 2025AY 2017-18

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

For Appellant: Shri Vishal Kalra, A.RFor Respondent: Shri Sher Singh, CIT-D.R
Section 143(3)Section 32Section 80I

…International Inc India Projects, A.Y. 2017-18,2019-20 & 2019-20 Department preferred appeal before the Hon’ble High Court and Hon’ble Supreme Court which were dismissed, upholding order of the Tribunal in favour of the assessee. ii) Niko Resoureces vs. ACIT 395 ITR 301 (Gujarat HC) iii) ITAT order dated 21.12.2019 in assessee’s own case for A.Y. 2001-02, 2002-03 and 2005-06 (ITA No. 904 & 905/Ahd/2009 and 3988/Ahd/2008 para 18.1 to 24) iv) ITAT order dated 19.05.2023 in assessee’s own case for A.Y. 2007-08 (ITA No. 3456/Ahd/2010 para 8-9) v) ITAT order dated 19.05.2023 in assessee’s own case for A.Y. 2008-09 (I…

Joshi Technologies International Inc India Projects, Ahmedabad vs. Assistant Commissioner of Income Tax, Circle(Int.Taxn.)-1, Ahmedabad

In the result, all the three appeals filed by the assessee are partly allowed

ITA 244/AHD/2022[2019-20]Status: DisposedITAT Ahmedabad12 Dec 2025AY 2019-20

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

For Appellant: Shri Vishal Kalra, A.RFor Respondent: Shri Sher Singh, CIT-D.R
Section 143(3)Section 32Section 80I

…International Inc India Projects, A.Y. 2017-18,2019-20 & 2019-20 Department preferred appeal before the Hon’ble High Court and Hon’ble Supreme Court which were dismissed, upholding order of the Tribunal in favour of the assessee. ii) Niko Resoureces vs. ACIT 395 ITR 301 (Gujarat HC) iii) ITAT order dated 21.12.2019 in assessee’s own case for A.Y. 2001-02, 2002-03 and 2005-06 (ITA No. 904 & 905/Ahd/2009 and 3988/Ahd/2008 para 18.1 to 24) iv) ITAT order dated 19.05.2023 in assessee’s own case for A.Y. 2007-08 (ITA No. 3456/Ahd/2010 para 8-9) v) ITAT order dated 19.05.2023 in assessee’s own case for A.Y. 2008-09 (I…

Nitesh Dutt Jha, Madhubani vs. ITO, Ward- 3 (5), Madhubani

In the result, the appeal filed by the assessee is partly allowed for statistical purpose

ITA 351/PAT/2025[2017-18]Status: DisposedITAT Patna07 Oct 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Rakesh Mishra

Section 142(1)Section 144Section 144(1)Section 250Section 69A

…ent his case, rendering the entire reassessment invalid. (7) Similarly, the Supreme Court in CIT vs. Thayaballi Mullajeevaji Kapasi (1967) 66 ITR 147 (SC) held that improper service of notice invalidates the entire proceedings. In Dr. K.C. Verma v. UOI (2017) 395 ITR 301 (All.), the Allahabad High Court reiterated that service of notice of scrutiny assessment under Section 143(3) is mandatory, and without valid service, the assessment order is void. (8) The AO passed the ex-parte assessment under Section 144 without issuing a show-cause notice or granting the appellant an opportunity to be heard. In ITO V. (ITA N…

Thedcit, Cochin vs. M.S Cochin International Airport Ltd, Cochin

ITA 304/COCH/2017[2007-08]Status: DisposedITAT Cochin23 Oct 2024AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

…depreciation. We find that their lordships had come across the corresponding depreciation claim relating to an oil rig, which was treated as a “well” i.e., only a building, than “plant and machinery”, up-to the tribunal in Niko Oil Resources vs. ACIT [2017] 395 ITR 301 (Guj.) as under : “2. While admitting the matter on 11.01.2010, the following substantial question of law was framed by the Court for consideration :— Cochin International Airport Ltd. "(i) Whether, in the facts and under the circumstances of the case the Income Tax Appellate Tribunal was right in law in treating the mineral oil wells as Buildi…

The DCIT, Cochin vs. M.S Cochin International Airport Ltd, Cochin

ITA 193/COCH/2017[2012-13]Status: DisposedITAT Cochin23 Oct 2024AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

…depreciation. We find that their lordships had come across the corresponding depreciation claim relating to an oil rig, which was treated as a “well” i.e., only a building, than “plant and machinery”, up-to the tribunal in Niko Oil Resources vs. ACIT [2017] 395 ITR 301 (Guj.) as under : “2. While admitting the matter on 11.01.2010, the following substantial question of law was framed by the Court for consideration :— Cochin International Airport Ltd. "(i) Whether, in the facts and under the circumstances of the case the Income Tax Appellate Tribunal was right in law in treating the mineral oil wells as Buildi…

The DCIT, Cochin vs. M/S.Cochin International Airport Ltd, Cochin

ITA 167/COCH/2017[2011-12]Status: DisposedITAT Cochin23 Oct 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

…depreciation. We find that their lordships had come across the corresponding depreciation claim relating to an oil rig, which was treated as a “well” i.e., only a building, than “plant and machinery”, up-to the tribunal in Niko Oil Resources vs. ACIT [2017] 395 ITR 301 (Guj.) as under : “2. While admitting the matter on 11.01.2010, the following substantial question of law was framed by the Court for consideration :— Cochin International Airport Ltd. "(i) Whether, in the facts and under the circumstances of the case the Income Tax Appellate Tribunal was right in law in treating the mineral oil wells as Buildi…

The DCIT, Cochin vs. M/S.Cochin International Airport Ltd, Cochin

ITA 166/COCH/2017[2010-11]Status: DisposedITAT Cochin23 Oct 2024AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: 22.08.2024
Section 115JSection 143(3)Section 80I

…depreciation. We find that their lordships had come across the corresponding depreciation claim relating to an oil rig, which was treated as a “well” i.e., only a building, than “plant and machinery”, up-to the tribunal in Niko Oil Resources vs. ACIT [2017] 395 ITR 301 (Guj.) as under : “2. While admitting the matter on 11.01.2010, the following substantial question of law was framed by the Court for consideration :— Cochin International Airport Ltd. "(i) Whether, in the facts and under the circumstances of the case the Income Tax Appellate Tribunal was right in law in treating the mineral oil wells as Buildi…

Landbase India Ltd., Gurgaon vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4999/DEL/2015[2011-12]Status: DisposedITAT Delhi26 Aug 2019AY 2011-12

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…eligible for depreciation as applicable on a „plant‟. definition of plant, The High Court further held that section 43(3) of the Act, providing the excludes general buildings but not buildings of a special nature. In the case of Niko Resources Ltd. vs. ACIT: 395 ITR 301 (Guj), the High Court treated mineral oil wells as plant for the purpose of applying depreciation under section 32 of the Act In the case of Airports Authority of India v. CIT: 134 ITD 34 (Delhi), the Delhi Bench of the Tribunal had held that, terminal building of the assessee used as a tool of business for regulation of air traffic and communica…

Landbase India Ltd., Gurgaon vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4998/DEL/2015[2010-11]Status: DisposedITAT Delhi26 Aug 2019AY 2010-11

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…eligible for depreciation as applicable on a „plant‟. definition of plant, The High Court further held that section 43(3) of the Act, providing the excludes general buildings but not buildings of a special nature. In the case of Niko Resources Ltd. vs. ACIT: 395 ITR 301 (Guj), the High Court treated mineral oil wells as plant for the purpose of applying depreciation under section 32 of the Act In the case of Airports Authority of India v. CIT: 134 ITD 34 (Delhi), the Delhi Bench of the Tribunal had held that, terminal building of the assessee used as a tool of business for regulation of air traffic and communica…

Landbase India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4560/DEL/2011[2005-06]Status: DisposedITAT Delhi26 Aug 2019AY 2005-06

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…eligible for depreciation as applicable on a „plant‟. definition of plant, The High Court further held that section 43(3) of the Act, providing the excludes general buildings but not buildings of a special nature. In the case of Niko Resources Ltd. vs. ACIT: 395 ITR 301 (Guj), the High Court treated mineral oil wells as plant for the purpose of applying depreciation under section 32 of the Act In the case of Airports Authority of India v. CIT: 134 ITD 34 (Delhi), the Delhi Bench of the Tribunal had held that, terminal building of the assessee used as a tool of business for regulation of air traffic and communica…

M/S Landbase India Ltd., Gurgaon vs. ACIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 138/DEL/2016[2012-13]Status: DisposedITAT Delhi26 Aug 2019AY 2012-13

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…eligible for depreciation as applicable on a „plant‟. definition of plant, The High Court further held that section 43(3) of the Act, providing the excludes general buildings but not buildings of a special nature. In the case of Niko Resources Ltd. vs. ACIT: 395 ITR 301 (Guj), the High Court treated mineral oil wells as plant for the purpose of applying depreciation under section 32 of the Act In the case of Airports Authority of India v. CIT: 134 ITD 34 (Delhi), the Delhi Bench of the Tribunal had held that, terminal building of the assessee used as a tool of business for regulation of air traffic and communica…

Landbase India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 653/DEL/2011[2007-08]Status: DisposedITAT Delhi26 Aug 2019AY 2007-08

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…eligible for depreciation as applicable on a „plant‟. definition of plant, The High Court further held that section 43(3) of the Act, providing the excludes general buildings but not buildings of a special nature. In the case of Niko Resources Ltd. vs. ACIT: 395 ITR 301 (Guj), the High Court treated mineral oil wells as plant for the purpose of applying depreciation under section 32 of the Act In the case of Airports Authority of India v. CIT: 134 ITD 34 (Delhi), the Delhi Bench of the Tribunal had held that, terminal building of the assessee used as a tool of business for regulation of air traffic and communica…

ACIT, New Delhi vs. M/S. Landbase India Ltd., New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4849/DEL/2011[2005-06]Status: DisposedITAT Delhi26 Aug 2019AY 2005-06

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…eligible for depreciation as applicable on a „plant‟. definition of plant, The High Court further held that section 43(3) of the Act, providing the excludes general buildings but not buildings of a special nature. In the case of Niko Resources Ltd. vs. ACIT: 395 ITR 301 (Guj), the High Court treated mineral oil wells as plant for the purpose of applying depreciation under section 32 of the Act In the case of Airports Authority of India v. CIT: 134 ITD 34 (Delhi), the Delhi Bench of the Tribunal had held that, terminal building of the assessee used as a tool of business for regulation of air traffic and communica…

Niko Resources Ltd. v. ACIT (395 ITR 301) — Cited in 14 Judgments | BharatTax