Patnaik & Co. Ltd. v. CIT

161 ITR 365Supreme Court of India1986#4578 most cited

What is Patnaik & Co. Ltd. v. CIT authority for?

Losses arising from the sale of investments made for business purposes are treated as business losses, not capital losses.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

Patnaik & Co. Ltd. v. CIT · loss on sale of investment · business loss · capital loss · revenue expenditure · 161 ITR 365 · 27 Taxmann 287 · section 73

Also reported as

27 Taxmann 287

Sections most often in play

Issues it is cited on

Judgments citing Patnaik & Co. Ltd. v. CIT

ORCHASP LIMITED ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX ,CIRCLE-1(2) , HYDERABAD

In the result, the Tax Case Appeals are dismissed and the substantial questions of law are answered against the Revenue

ITA 182/HYD/2022[2011-12]Status: DisposedITAT Hyderabad20 Apr 2023AY 2011-12

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2011-12 Orchasp Limited Vs. Dy. Cit Hyderabad Circle 1(2) Pan:Aabcc4776F Hyderabad (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao, Ca Revenue By: Shri B. Yadagiri, Dr Date Of Hearing: 13/04/2023 Date Of Pronouncement: 20/04/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 23/03/2022 Of The Learned Cit (A)- Nfac, Relating To A.Y. 2011-12. 2. The Grounds Raised By The Assessee Are As Under: “1. On The Facts & In The Circumstances Of The Case The Appellate Order Passed By The Cit(A) Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant. 2. The Cit(A) Ought To Have Appreciated The Fact That The Amount Of Investment Made Is Completely In Wholly Owned Subsidiary Company Which Is Revenue In Nature & Not A Capital Expenditure. 3. The Ld. Cit(A) Ought To Have Accepted The Investments Written Off Of Rs.3,60,72,141/- Since The Said Amount Was Not Received From The Third Party To The Subsidiary & Thus, The Same Amount Was Written Off By The Virtue Of The Circular No. 69 Dt. 27-07-2011 Issued By Rbi.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri B. Yadagiri, DR
Section 143(2)Section 271(1)(c)Section 37Section 37(1)

…n the case of DCIT, Range - Palmolive 10(3), Mumbai vs. Colgate India Ltd., Mumbai in ITA No.5485/Mum/2009 dated 25-10- 2011 for the assessment year 2003-04 following the decision of the Hon'ble Supreme Court of India in the case of Patnaik & Co. Ltd vs. CIT (161 ITR 365). 8. The Ld. CIT(A) has erred in making the disallowance towards Purchase of software amounting to Rs. 9,02,037/- without considering the explanations as submitted by the appellant. 9. The Ld. CIT(A) ought to have appreciated the fact that the expenditure incurred towards purchases of software comprises of licence is revenue in nature and thus is…

JAKHAU SALT COMPANY P LTD.,CHENNAI vs. DCIT, CORPORATE CIRCLE-1(1), CHENNAI

In the result, appeal filed by the assessee is allowed

ITA 367/CHNY/2022[2017-18]Status: DisposedITAT Chennai24 Feb 2023AY 2017-18

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha.G, Hon’Bleआयकरअपीलसं./Ita No.367/Chny/2022 िनधा"रणवष"/Assessment Year: 2017-18 V. M/S. Jakhau Salt Co. P. Ltd., The Dy. Commissioner – No.2, North Crescent Road, Of Income Tax, T. Nagar, Chennai-600 017. Corporate Circle-1(1), Chennai. [Pan:Aaacw 0867 G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S. Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 09.01.2023 : घोषणाक"तारीख /Date Of Pronouncement 24.02.2023

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.S. Senthil Kumaran, CIT
Section 143(3)Section 263

…f of investments made for the purpose of the business. (i). ACE designers Ltd v ACIT 275 Taman 100 (Kar.) (ii). CIT v Colgate Palmolive (India) Ltd 370 ITR 728 Born. (iii). Indian Commerce and Industries Co P Ltd 213 ITR 533 Mad. (iv). Patnaik and Co Ltd. 161 ITR 365 SC. 18. On a perusal of these cases, the common ratio is that loss on investments made for the purpose of the business is allowable as a revenue loss. 19. In the case of ACE Designers Ltd. vs. ACIT (LTU) reported in 120 Taxman.com 321, the Hon’ble Karnataka High Court has held as under:- "7. In the backdrop of aforesaid well settled legal posi…

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Patnaik & Co. Ltd. v. CIT (161 ITR 365) — Cited in 26 Judgments | BharatTax