What is Otis Elevator Co. (India) Ltd. v. CIT authority for?

Club membership fees, including both entrance fees and annual subscriptions, are not considered capital expenditure if the membership's continuance depends on regular payments, and therefore are allowable as revenue expenditure under Section 37(1).

How many judgments cite Otis Elevator Co. (India) Ltd. v. CIT?

131 judgments on BharatTax cite Otis Elevator Co. (India) Ltd. v. CIT (195 ITR 682), spanning 2009 to 2026.

Which sections of the Income Tax Act does Otis Elevator Co. (India) Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 115JB, Section 14A, Section 36(1)(vii), Section 37(1), Section 40(a)(ia), Section 244A.

Otis Elevator Co. (India) Ltd. v. CIT (195 ITR 682)

Morgan Stanley India Company P.Ltd, Mumbai vs. Asst CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

ITA 1952/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 Jun 2023AY 2003-04

Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…ce of club membership fees for Rs.24,000/- paid by the assessee, the same has been held to allowable by the Tribunal relying upon the judgment of Hon’ble Bombay High Court in the case of Otis Elevator Co. M/s. Morgan Stanley India Company P. Ltd. Ltd. vs. CIT 195 ITR 682 and other decisions of the Jurisdictional High Court. Hence, this ground raised by the Revenue is dismissed. 20. In so far as disallowance of remuneration paid to Mr. Ashith Kampani u/s. 40A(2), the same has been stated that it has been deleted by the Tribunal in A.Y.2003-04,2004-05, 2005-06 & 2006-07. The relevant observation of the Tribunal in…

ACIT 4(3), Mumbai vs. Morgan Stanley India Co. Pvt. Ltd., Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

ITA 1235/MUM/2014[2009-10]Status: DisposedITAT Mumbai30 Jun 2023AY 2009-10

Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…ce of club membership fees for Rs.24,000/- paid by the assessee, the same has been held to allowable by the Tribunal relying upon the judgment of Hon’ble Bombay High Court in the case of Otis Elevator Co. M/s. Morgan Stanley India Company P. Ltd. Ltd. vs. CIT 195 ITR 682 and other decisions of the Jurisdictional High Court. Hence, this ground raised by the Revenue is dismissed. 20. In so far as disallowance of remuneration paid to Mr. Ashith Kampani u/s. 40A(2), the same has been stated that it has been deleted by the Tribunal in A.Y.2003-04,2004-05, 2005-06 & 2006-07. The relevant observation of the Tribunal in…

Morgan Stanley India Company P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

ITA 1018/MUM/2014[2009-10]Status: DisposedITAT Mumbai30 Jun 2023AY 2009-10

Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…ce of club membership fees for Rs.24,000/- paid by the assessee, the same has been held to allowable by the Tribunal relying upon the judgment of Hon’ble Bombay High Court in the case of Otis Elevator Co. M/s. Morgan Stanley India Company P. Ltd. Ltd. vs. CIT 195 ITR 682 and other decisions of the Jurisdictional High Court. Hence, this ground raised by the Revenue is dismissed. 20. In so far as disallowance of remuneration paid to Mr. Ashith Kampani u/s. 40A(2), the same has been stated that it has been deleted by the Tribunal in A.Y.2003-04,2004-05, 2005-06 & 2006-07. The relevant observation of the Tribunal in…

Addl CIT RG 4(3), Mumbai vs. Morgan Stanley India Co P. Ltd, Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

ITA 831/MUM/2013[2007-08]Status: DisposedITAT Mumbai30 Jun 2023AY 2007-08

Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…ce of club membership fees for Rs.24,000/- paid by the assessee, the same has been held to allowable by the Tribunal relying upon the judgment of Hon’ble Bombay High Court in the case of Otis Elevator Co. M/s. Morgan Stanley India Company P. Ltd. Ltd. vs. CIT 195 ITR 682 and other decisions of the Jurisdictional High Court. Hence, this ground raised by the Revenue is dismissed. 20. In so far as disallowance of remuneration paid to Mr. Ashith Kampani u/s. 40A(2), the same has been stated that it has been deleted by the Tribunal in A.Y.2003-04,2004-05, 2005-06 & 2006-07. The relevant observation of the Tribunal in…

Morgan Stanley India Company P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed and ground of the Revenue is dismissed

ITA 7675/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Jun 2023AY 2007-08

Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…ce of club membership fees for Rs.24,000/- paid by the assessee, the same has been held to allowable by the Tribunal relying upon the judgment of Hon’ble Bombay High Court in the case of Otis Elevator Co. M/s. Morgan Stanley India Company P. Ltd. Ltd. vs. CIT 195 ITR 682 and other decisions of the Jurisdictional High Court. Hence, this ground raised by the Revenue is dismissed. 20. In so far as disallowance of remuneration paid to Mr. Ashith Kampani u/s. 40A(2), the same has been stated that it has been deleted by the Tribunal in A.Y.2003-04,2004-05, 2005-06 & 2006-07. The relevant observation of the Tribunal in…

DCIT Cir. 6 (3), Mumbai vs. M/S. Grasim Industries Ltd., Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 4337/MUM/2005[2004-2005]Status: DisposedITAT Mumbai23 Jun 2023AY 2004-2005

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri J.D. Mistri a/wFor Respondent: Dr. Kishore Dhule

Section 142(1)Section 143(2)Section 143(3)Section 250Section 43BSection 80Section 80HSection 80I

…is business expenditure. 16. We have heard both the parties, we find that he aforesaid issue raised in the assessment year 1993-94 is covered in favour of the assessee by the decision of the jurisdictional High Court in Otis Elevator CO. (India) Ltd., v. CIT 195 ITR 682 (Bom.). Respectfully following the same, we dismiss the ground raised by the department.‖ 13. Respectfully following the above decision and following the principle of consistency, the view taken by the Tribunal in ay 1993-94 is respectfully followed, accordingly, ground raised by the assessee is allowed." 12. The learned Departmental Representati…

M/S. Grasim Industries Ltd., Mumbai vs. DCIT CIT Cir. 6(3), Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 3439/MUM/2005[2004-2005]Status: DisposedITAT Mumbai23 Jun 2023AY 2004-2005

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri J.D. Mistri a/wFor Respondent: Dr. Kishore Dhule

Section 142(1)Section 143(2)Section 143(3)Section 250Section 43BSection 80Section 80HSection 80I

…is business expenditure. 16. We have heard both the parties, we find that he aforesaid issue raised in the assessment year 1993-94 is covered in favour of the assessee by the decision of the jurisdictional High Court in Otis Elevator CO. (India) Ltd., v. CIT 195 ITR 682 (Bom.). Respectfully following the same, we dismiss the ground raised by the department.‖ 13. Respectfully following the above decision and following the principle of consistency, the view taken by the Tribunal in ay 1993-94 is respectfully followed, accordingly, ground raised by the assessee is allowed." 12. The learned Departmental Representati…

DCIT Cir 6(3), Mumbai vs. M/S. Grasim Industries Ltd., Mumbai

In the result, the appeal by the Revenue is partly allowed for statistical purposes

ITA 5978/MUM/2004[2003-2004]Status: DisposedITAT Mumbai13 Jun 2023AY 2003-2004

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri J.D. Mistry a/wFor Respondent: Dr. Kishore Dhule

Section 142(1)Section 143(3)Section 250Section 43BSection 80Section 80H

…is business expenditure. 16. We have heard both the parties, we find that he aforesaid issue raised in the assessment year 1993-94 is covered in favour of the assessee by the decision of the jurisdictional High Court in Otis Elevator CO. (India) Ltd., v. CIT 195 ITR 682 (Bom.). Respectfully following the same, we dismiss the ground raised by the department.‖ 13. Respectfully following the above decision and following the principle of consistency, the view taken by the Tribunal in ay 1993–94 is respectfully followed, accordingly, ground raised by the assessee is allowed.‖ 12. The learned Departmental Representat…

Grasim Industries Ltd., Mumbai vs. DCIT Range 6(3), Mumbai

In the result, the appeal by the Revenue is partly allowed for statistical purposes

ITA 4754/MUM/2004[2003-04]Status: DisposedITAT Mumbai13 Jun 2023AY 2003-04

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri J.D. Mistry a/wFor Respondent: Dr. Kishore Dhule

Section 142(1)Section 143(3)Section 250Section 43BSection 80Section 80H

…is business expenditure. 16. We have heard both the parties, we find that he aforesaid issue raised in the assessment year 1993-94 is covered in favour of the assessee by the decision of the jurisdictional High Court in Otis Elevator CO. (India) Ltd., v. CIT 195 ITR 682 (Bom.). Respectfully following the same, we dismiss the ground raised by the department.‖ 13. Respectfully following the above decision and following the principle of consistency, the view taken by the Tribunal in ay 1993–94 is respectfully followed, accordingly, ground raised by the assessee is allowed.‖ 12. The learned Departmental Representat…

M/S. ACIT 1(1), Mumbai vs. The Hindustan Unilever Ltd, Mumbai

In the result, the appeal of the assesse is partly allowed and the appeal of the revenue stand dismissed

ITA 4033/MUM/2008[2000-2001]Status: DisposedITAT Mumbai16 May 2023AY 2000-2001

Bench: Shri Vikas Awasthy & Shri Amarjit Singhm/S Hindustan Unilever Vs. Addl. Commissioner Of Ltd., Hindustan Lever Income Tax, Range 1(1) House, 165/166 Backbay Mumbai Reclamation Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaach1004N Appellant .. Respondent Acit-1(1), Vs. M/S Hindustan Unilever Room No. 579, Ltd., 165/166, Backbay Aayakar Bhavan, Reclamation Mumbai – 400 020 Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaach1004N Appellant .. Respondent Appellant By : Nishant Thakkar & Ms. Jasmin Amalsadvala Respondent By : Chandip Singh Date Of Hearing 09.03.2023 Date Of Pronouncement 16.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): Both These Appeals Filed By The Assesse & The Revenue Are Pertained To Assessment Year 2000-01 Based On Similar Fact & P A G E | 2

For Appellant: Nishant Thakkar &For Respondent: Chandip Singh

Section 80Section 80ASection 80H

…ed to the total income of the assesse. 36. The assesse filed the appeal before the ld. CIT(A). The ld. CIT(A) has allowed the appeal of the assesse after following decision of jurisdictional High Court of Bombay in the case of Otis Elevator Company India Ltd. 195 ITR 682. 37. During the course of appellate proceeding before us the ld. Counsel submitted that similar issue on identical facts has been adjudicated by the ITAT, Mumbai in the case of the assessee itself for assessment year 1999-2000 in the case of the assessee itself. 38. We have perused the decision of ITAT Mumbai in the case of the assessee itself vi…

M/S. Hindustan Unilever Ltd, Mumbai vs. The ACIT (TDS)-1(1), Mumbai

In the result, the appeal of the assesse is partly allowed and the appeal of the revenue stand dismissed

ITA 3951/MUM/2008[2000-2001]Status: DisposedITAT Mumbai16 May 2023AY 2000-2001

Bench: Shri Vikas Awasthy & Shri Amarjit Singhm/S Hindustan Unilever Vs. Addl. Commissioner Of Ltd., Hindustan Lever Income Tax, Range 1(1) House, 165/166 Backbay Mumbai Reclamation Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaach1004N Appellant .. Respondent Acit-1(1), Vs. M/S Hindustan Unilever Room No. 579, Ltd., 165/166, Backbay Aayakar Bhavan, Reclamation Mumbai – 400 020 Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaach1004N Appellant .. Respondent Appellant By : Nishant Thakkar & Ms. Jasmin Amalsadvala Respondent By : Chandip Singh Date Of Hearing 09.03.2023 Date Of Pronouncement 16.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): Both These Appeals Filed By The Assesse & The Revenue Are Pertained To Assessment Year 2000-01 Based On Similar Fact & P A G E | 2

For Appellant: Nishant Thakkar &For Respondent: Chandip Singh

Section 80Section 80ASection 80H

…ed to the total income of the assesse. 36. The assesse filed the appeal before the ld. CIT(A). The ld. CIT(A) has allowed the appeal of the assesse after following decision of jurisdictional High Court of Bombay in the case of Otis Elevator Company India Ltd. 195 ITR 682. 37. During the course of appellate proceeding before us the ld. Counsel submitted that similar issue on identical facts has been adjudicated by the ITAT, Mumbai in the case of the assessee itself for assessment year 1999-2000 in the case of the assessee itself. 38. We have perused the decision of ITAT Mumbai in the case of the assessee itself vi…

M/S. Icici Bank Ltd ( Erstwhile Icici Ltd), Mumbai vs. The Dy CIT RG 3(1), Mumbai

In the result, both the appeals are partly allowed

ITA 7589/MUM/2007[2001-2002]Status: DisposedITAT Mumbai27 Apr 2023AY 2001-2002

For Appellant: Ms. Aarti VissanjiFor Respondent: Shri K.C. Selvamani

Section 10Section 115JSection 143(2)Section 143(3)Section 14ASection 88

…nch of the Tribunal in the case of the Assessee for the Assessment Year 2004-05 [ITA No. 6217 & 6137/Mum/2008, dated 03/11/2017]. She also relied upon the decision of the Hon’ble Bombay High Court in the case of Otis Elevator Co. (India) Ltd. vs. CIT : [1992] 195 ITR 682 (Bombay) Per contra, the Learned Departmental Representative submitted that since the issue has not been considered by the CIT(A) the same could be remanded back to the CIT(A) for adjudication. 40. We have considered the rival submission and perused the material on record. We find that the Assessing Officer has made the disallowance in the Asses…

Tata Chemicals Ltd, Mumbai vs. ACIT 2(3), Mumbai

Appeal is hereby dismissed as infructuous

ITA 6900/MUM/2012[2007-08]Status: DisposedITAT Mumbai31 Mar 2023AY 2007-08

Section 143(3)Section 144C(5)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.6900/Mum/2012 (Assessment Year :2007-08) & M/s. Tata Chemicals Limited Vs. Deputy Commissioner of 24, Homi Mody Street Income Tax-2(3) Bombay House, Aaykar Bhavan Fort, Mumbai – 400 001 M.K.Road, Mumbai- 400 020 PAN/GIR No.AAACT4059M (Appellant) .. (Respondent) Assessee by Shri Nitesh Joshi Revenue by Shri Manoj Kumar Date of Hearing 15/03/2023 Date of Pronouncement 31/03/2023 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.9057/Mum/2010, IT…

Tata Chemicals Ltd, Mumbai vs. ACIT 2(3), Mumbai

Appeal is hereby dismissed as infructuous

ITA 8710/MUM/2011[2007-08]Status: DisposedITAT Mumbai31 Mar 2023AY 2007-08

Section 143(3)Section 144C(5)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.6900/Mum/2012 (Assessment Year :2007-08) & M/s. Tata Chemicals Limited Vs. Deputy Commissioner of 24, Homi Mody Street Income Tax-2(3) Bombay House, Aaykar Bhavan Fort, Mumbai – 400 001 M.K.Road, Mumbai- 400 020 PAN/GIR No.AAACT4059M (Appellant) .. (Respondent) Assessee by Shri Nitesh Joshi Revenue by Shri Manoj Kumar Date of Hearing 15/03/2023 Date of Pronouncement 31/03/2023 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.9057/Mum/2010, IT…

Tata Chemicals Ltd, Mumbai vs. DCIT 2(3), Mumbai

Appeal is hereby dismissed as infructuous

ITA 9057/MUM/2010[2006-07]Status: DisposedITAT Mumbai31 Mar 2023AY 2006-07

Section 143(3)Section 144C(5)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.6900/Mum/2012 (Assessment Year :2007-08) & M/s. Tata Chemicals Limited Vs. Deputy Commissioner of 24, Homi Mody Street Income Tax-2(3) Bombay House, Aaykar Bhavan Fort, Mumbai – 400 001 M.K.Road, Mumbai- 400 020 PAN/GIR No.AAACT4059M (Appellant) .. (Respondent) Assessee by Shri Nitesh Joshi Revenue by Shri Manoj Kumar Date of Hearing 15/03/2023 Date of Pronouncement 31/03/2023 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.9057/Mum/2010, IT…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3178/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12