P CIT v. Holcim Services (South Asia) Ltd.

93 Taxmann.com 270High Court2018#8020 most cited

What is P CIT v. Holcim Services (South Asia) Ltd. authority for?

Expenses incurred by a taxpayer to enhance the effective functioning of their business, such as upgrading computer software for greater efficiency, are characterized as revenue expenditure, not capital expenditure.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2024.

Also referred to as

PCIT v. Holcim Services (South Asia) Ltd. · Bombay High Court · 2018 · revenue expenditure · capital expenditure · software upgrade · business efficiency · section 37 · section 37(1)

Sections most often in play

Section 10ASection 37Section 37(1) of the Income Tax ActSection 43(5)Section 10A of the Income Tax ActSection 194J of the Income Tax ActSection 37(1)Section 43(5) of the Income Tax Act

Issues it is cited on

stpi unittest of enduring benefitsection 203convertible foreign exchangesoftware technology parksection 10(2)section 39speculative transactionscheme of arrangementdemergerinfrastructure facilitysection 194j

Judgments citing P CIT v. Holcim Services (South Asia) Ltd.

DCIT Central Circle 5 4, Mumbai vs. L and T Valdel Engineering Limited, Bangaluru

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4767/MUM/2023[2011-12]Status: DisposedITAT Mumbai30 Oct 2024AY 2011-12

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

DCIT Central Circle 5(4), Mumbai vs. L and T Valdel Engineering Limited, Bangaluru

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4715/MUM/2023[2013-14]Status: DisposedITAT Mumbai30 Oct 2024AY 2013-14

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

DCIT CC -5 (4), Mumbai vs. L and T Valdel Engineering Limited, Mumbai

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4684/MUM/2023[2015-16]Status: DisposedITAT Mumbai30 Oct 2024AY 2015-16

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

DCIT Central Circle 5 4 Mumbai, Mumbai vs. L and T Valdel Engineering Limited, Bangaluru

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4683/MUM/2023[2014-15]Status: DisposedITAT Mumbai30 Oct 2024AY 2014-15

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

DCIT Central Circle 5 4, Mumbai vs. L and T Valdel Engineering Limited, Karnataka

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4682/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 Oct 2024AY 2012-13

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

Larsen & Toubro Limited (Successor to M/S L & T Va;De; Engineering Limited ), Mumbai vs. Assistant Commissioner of Income Tax, Central Circle 5(4) Mumbai (Earlier AO Dcitm Circle 11(5) Bangalore, Mumbai

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4555/MUM/2023[2015-16]Status: DisposedITAT Mumbai30 Oct 2024AY 2015-16

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

Larsen & Toubro Limited (Successor to M/S L & T Valdel Engineering Limited ), Mumbai vs. Assistant Commissioner of Income Tax, Central Circle 5(4), Mumbai

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4554/MUM/2023[2014-15]Status: DisposedITAT Mumbai30 Oct 2024AY 2014-15

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

Larsen & Toubro Limited (Successor to M/S L & T Valdel Engineering Limited ), Mumbai vs. Assistant Commissioner of Income Tax, Central Circle 5(4), Mumbai Earlier AO DCIT, Circle 11(5) Banglore, Mumbai

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4553/MUM/2023[2013-14]Status: DisposedITAT Mumbai30 Oct 2024AY 2013-14

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

Larsen & Toubro Limited (Successor to M/S L & T Valdel Engineering Limited ), Mumbai vs. Assistant Commissioner of Income Tax. Central Circle 5(4) Mumbai(Earlier AO DCIT, Circle 11(5) Bangalore ), Mumbai

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4552/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 Oct 2024AY 2012-13

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

Larsen & Toubro Limited, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 5(4), Mumbai (Earlier AO DCIT, Circle 11(5) Banglore ., Mumbai

In the result, all appeals filed by the assessee stands allowed and appeals filed by the revenue stands dismissed for all assessment years under consideration

ITA 4551/MUM/2023[2011-12]Status: DisposedITAT Mumbai30 Oct 2024AY 2011-12

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI, JM & SHRI OMKARESHWAR CHIDARA, AM I.T.A. No.4551/Mum/2023 (Assessment Year: 2011-12) I.T.A. No.4552/Mum/2023 (Assessment Year: 2012-13) I.T.A. No.4553/Mum/2023 (Assessment Year: 2013-14) I.T.A. No.4554/Mum/2023 (Assessment Year: 2014-15) I.T.A. No.4555/Mum/2023 (Assessment Year: 2015-16) Larsen & Toubro Ltd. (successor to ACIT, CC-5(4) (earlier AO L&T Valdel Engineering Ltd.) DCIT, Circle-11(5), Bangalore), L&T House, N.M. Marg, Vs. Room No. 1927, 19th Floor, Mumbai-400001. Air India Building, PAN : AAACL0140P Nariman Point, Mumbai-…

Lakme Lever Private Limited, Mumbai vs. Principle Commissioner of Income Tax-PCIT, Mumbai-1, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 1341/MUM/2022[2017-2018]Status: DisposedITAT Mumbai03 Apr 2023AY 2017-2018

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Lakme Lever Private Limited V. Pr.Cit, Mumbai -1 Unilever House 3Rd Floor, Room No. 330 B.D. Sawant Marg, Chakala Aayakar Bhavan Andheri (E), Mumbai - 400099 M.K. Road Mumbai - 400020 Pan: Aabcl5555B (Appellant) (Respondent) Assessee Represented By : Shri Nishant Thakkar & Ms. Jasmin Amalsadvala Department Represented By : Smt. Shailja Rai

Section 139(1)Section 143(3)Section 194JSection 263Section 32Section 37(1)Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI KULDIP SINGH, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER M/s. Lakme Lever Private Limited v. Pr.CIT, Mumbai -1 Unilever House 3rd Floor, Room No. 330 B.D. Sawant Marg, Chakala Aayakar Bhavan Andheri (E), Mumbai - 400099 M.K. Road Mumbai - 400020 PAN: AABCL5555B (Appellant) (Respondent) Assessee Represented by : Shri Nishant Thakkar & Ms. Jasmin Amalsadvala Department Represented by : Smt. Shailja Rai Date of Hearing : 03.01.2023 Date of Pronouncement : 03.04.2023 O R D E R PER S. RIFAUR RAHMAN (AM) 1. Th…

M/S. Nicholas Piramal India Ltd., Mumbai vs. ACIT Cir. - 7(1), Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purposes and appeal of the revenue is dismissed

ITA 3927/MUM/2006[2002-2003]Status: DisposedITAT Mumbai20 Feb 2020AY 2002-2003

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am M/S. Piramal Enterprises Ltd. Vs. Addl. Commissioner Of Income Tax (Formerly Known As Piramal Circle 7(1), Aayakar Bhavan Healthcare Ltd.,) Mumbai - 400020 (Before Known As Nicholas Piramal India Ltd.,) Piramal Tower, Ganpatrao Kadam Marg Lower Parel, Mumbai-400013 Pan/Gir No.Aaacn4538P (Appellant) .. (Respondent) Addl. Commissioner Of Vs. M/S. Piramal Enterprises Ltd. Income Tax (Formerly Known As Piramal Healthcare Circle 7(1), Aayakar Ltd.,) Bhavan (Before Known As Nicholas Piramal India Mumbai - 400020 Ltd.,) Piramal Tower, Ganpatrao Kadam Marg Lower Parel, Mumbai-400013 Pan/Gir No.Aaacn4538P (Appellant) .. (Respondent) Assessee By Shri Ronak Joshi Revenue By Shri Kumar Padmapani Bora Date Of Hearing 29/11/2019 Date Of Pronouncement 20/02 /2020 आदेश / O R D E R Per M. Balaganesh (A.M): These Cross Appeals In Ita Nos.3927/Mum/2006 & 4066/Mum/2006 For A.Y.2002-03 Arises Out Of The Order By The Ld. Commissioner Of Income Tax (Appeals)-Xix, Mumbai In Appeal No.Cit(A)Xix/It-104/05-06 Dated 31/03/2006 (Ld. Cit(A) In Short) Against The Order Of Assessment Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As Act) Dated 31/03/2005 By The Ld. Addl. Commissioner Of Income Tax, Range 7(1), Mumbai (Hereinafter Referred To As Ld. Ao). M/S. Piramal Enterprises Ltd.

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B”, BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, JM & SHRI M.BALAGANESH, AM M/s. Piramal Enterprises Ltd. Vs. Addl. Commissioner of Income Tax (Formerly known as Piramal Circle 7(1), Aayakar Bhavan Healthcare Ltd.,) Mumbai - 400020 (Before known as Nicholas Piramal India Ltd.,) Piramal Tower, Ganpatrao Kadam Marg Lower Parel, Mumbai-400013 PAN/GIR No.AAACN4538P (Appellant) .. (Respondent) Addl. Commissioner of Vs. M/s. Piramal Enterprises Ltd. Income Tax (Formerly known as Piramal Healthcare Circle 7(1), Aayakar Ltd.,) Bhavan (Before known as Nicholas Piramal India Mumbai - 4000…

DCIT Cir 7(3)(2), Mumbai vs. Piramal Enterprises Ltd, Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 1832/MUM/2015[2010-11]Status: DisposedITAT Mumbai15 Jan 2020AY 2010-11

Bench: Shri Mahavir Singh & Shri G. Manjunathapiramal Enterprise Limited Vs. Addl.Cit, Range-7(3) (Formerly Known As Piramal Aaykar Bhawan Healthcare Limited) M.K.Road Piramal Tower Mumbai-400 020 Ganpatrao Kadam Marg Lower Parel Mumbai-400 013

Section 143(3)Section 144C(5)Section 35

…that the issue that expenses incurred by an assessee on purchase of a software which brought greater efficiency in functioning of its business had been held by the Hon‟ble High Court of Bombay in the case of PCIT Vs. Holicin Services (South Asia) Ltd. (2018) 93 Taxmann.com 270 (Bom), as allowable as a revenue expenditure. Further, the Hon‟ble High Court of Bombay in the case of CIT Vs. Raychem RPG Ltd. (2012) 346 ITR 138 (Bom) had observed that the expenditure incurred by an assessee on purchase of a software which facilitated its trading operations or enabled the management to conduct its business more efficien…

Piramal Healthcare Ltd, Mumbai vs. DCIT 7(1), Mumbai

The appeal of the revenue is partly allowed for statistical purposes in terms of our aforesaid observations

ITA 1257/MUM/2014[2009-10]Status: DisposedITAT Mumbai07 May 2019AY 2009-10

Bench: Shri G.S.Pannu & Shri Ravish Soodpiramal Healthcare Limited Deputy Commissioner Of Income (Now Known As Piramal Enterprises Ltd.) Tax- 7(1) Piramal Tower, Room No. 622, Aayakar Bhavan, Ganpatrao Kadam Marg, Vs. M.K. Road Lower Parel, Mumbai- 400 020 Mumbai – 400 013

For Appellant: Sh. J.D, Mistry, Senior Advocate &For Respondent: S/sh. Bhupendra Kumar Singh &
Section 143(3)Section 35

…that the issue that expenses incurred by an assessee on purchase of a software which brought greater efficiency in functioning of its business had been held by the Hon‟ble High Court of Bombay in the case of PCIT Vs. Holicin Services (South Asia) Ltd. (2018) 93 Taxmann.com 270 (Bom), as allowable P a g e | 25 ITA No.1257 & 1486/Mum/2014 - AY. 2009-10 Piramal Healthcare Limited Vs. DCIT-7(1 DCIT-Circle 7(1) Vs. Piramal Enterprises Ltd. ) as a revenue expenditure. Further, the Hon‟ble High Court of Bombay in the case of CIT Vs. Raychem RPG Ltd. (2012) 346 ITR 138 (Bom) had observed that the expenditure incurred b…