Raza Buland Sugar Co. Ltd. v. CIT (122 ITR 817)

M/S. THE SANDUR MANGANESE & IRON ORES LTD,SANDUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BELLARY

In the result, both the appeals filed by the assessee stands partly allowed

ITA 1965/BANG/2018[2015-16]Status: DisposedITAT Bangalore29 Jun 2022AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

…workmen, the expenditure should be treated as a revenue expenditure and agreed with the decision of the Andhra Pradesh High Court in Singareni Collieries Co. Ltd. [1980] 121 ITR 466; the Allahbad High Court view expressed in Raza Buland Sugar Co. Ltd. [1980] 122 ITR 817 was held to be distinguishable. 20. Before concluding, it is necessary to refer to one more decision of this court in Hindustan Machine Tools Ltd. (No. 3) v. CIT [1989] 175 ITR 220, wherein the assessee contributed towards the formation of an approach road which resulted in greater facility to its business/industrial Page 28 ITA Nos. 1964 & 196…

M/S. THE SANDUR MANGANESE & IRON ORES LTD,SANDUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1,, BELLARY

In the result, both the appeals filed by the assessee stands partly allowed

ITA 1964/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Jun 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri S. Parthasarathi

Section 37(1)

…workmen, the expenditure should be treated as a revenue expenditure and agreed with the decision of the Andhra Pradesh High Court in Singareni Collieries Co. Ltd. [1980] 121 ITR 466; the Allahbad High Court view expressed in Raza Buland Sugar Co. Ltd. [1980] 122 ITR 817 was held to be distinguishable. 20. Before concluding, it is necessary to refer to one more decision of this court in Hindustan Machine Tools Ltd. (No. 3) v. CIT [1989] 175 ITR 220, wherein the assessee contributed towards the formation of an approach road which resulted in greater facility to its business/industrial Page 28 ITA Nos. 1964 & 196…

M/S HINDUSTAN LIVER LTD. vs. THE ADDLCIR 1(1),

In the result, Revenue’s appeal is dismissed

ITA 2201/MUM/2004[1998-1999]Status: DisposedITAT Mumbai11 Jun 2021AY 1998-1999

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahman

For Appellant: Shri Percy Pardiwala a/wFor Respondent: Shri V. Sreekar

Section 80H

…y way of amalgamation was clearly with a view to integrate the two businesses. By relying upon the decision of the Hon'ble Jurisdictional High Court in Godfery Philips (supra) and the decisions of the Hon’ble Allahabad High Court in Raza Bulund Sugar v/s CIT, 122 ITR 817 (All.) and Raza Bulund Sugar v/s CIT, 123 ITR 24 (All.) and the decisions of the Hon’ble Calcutta High Court in Bengal and Assam Investors Ltd. v/s CIT, 142 ITR 156 (Cal.) and Sincle India Tea Co. v/s CIT, 68 Taxman 302 (Cal.), the learned Commissioner (Appeals) sustained the addition made by the A.O. Aggrieved, the assessee is in appeal before t…

HIRANANDANI AKRUTI JV,MUMBAI vs. DCIT CEN CIR 5(1), MUMBAI

The appeal of the assessee is partly allowed

ITA 5678/MUM/2015[2012-13]Status: DisposedITAT Mumbai03 Oct 2017AY 2012-13

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2012-13 Hiranandani Akruti Jv, Dcit, 6Th Floor, Akruti Trade Centre, Central Circle-5(1), बनाम/ Road No.7, Marol, M.I.D.C. Mumbai Vs. Andheri (East), Mumbai-400093 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaaa1443H

Section 115Section 143(1)Section 143(2)Section 143(3)Section 2Section 30Section 37(1)Section 57

…Sugar Mills Ltd. v. CIT, (1979) 117 ITR 945 (Born)]; (12) by the assessee-amalgamated-company in reimbursing the amount of legal expenses incurred by the shareholders who attempted stayal of declaration of dividends [Raza Buland Sugar Co. Ltd. v. CIT, (1980) 122 ITR 817 (All)]; (l3) for the purposes of the amalgamation of two companies [Raza Buland Sugar Co. Ltd. v. CIT, (1980) 122 ITR 817 (All); Raza Buland Sugar Co. Ltd. v. CIT, (1980) 123 ITR 24 (All)]; (14) in defending a suit instituted by certain shareholders seeking an injunction restraining the company from proceeding to distribute dividends in specie…

DCIT 19(3), MUMBAI vs. WADHWA CONSTRUCTIONS, MUMBAI

The appeal of the Revenue is dismissed

ITA 4470/MUM/2013[2008-09]Status: DisposedITAT Mumbai05 Apr 2017AY 2008-09

Section 2Section 271(1)(c)

…r Sugar Mills Ltd. v. CIT, (1979) 117 ITR 945 (Bom)]; (12) by the assessee-amalgamated-company in reimbursing the amount of legal expenses incurred by the shareholders who attempted stayal of declaration of dividends [Raza Buland Sugar Co. Ltd. v. CIT, (1980) 122 ITR 817 (All)]; (13) for the purposes of the amalgamation of two companies [Raza Buland Sugar Co. Ltd. v. CIT, (1980) 15 Wadhwa Constructions 122 ITR 817 (All); Raza Buland Sugar Co. Ltd. v. CIT, (1980) 123 ITR 24 (All)]; (14) in defending a suit instituted by certain shareholders seeking an injunction restraining the company from proceeding to distr…

NAVINCHANDRA N . MAJITHIA,MUMBAI vs. ITO 9(2)(1), MUMBAI

The appeal of the assessee is partly allowed

ITA 2830/MUM/2013[1999-00]Status: DisposedITAT Mumbai18 Nov 2016AY 1999-00

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 1999-2000 Shri Navinchandra N. Income Tax Officer-9(2)(1) Majithia, Aayakar Bhavan, बनाम/ 304, Kedia Chambers, M.K. Road, Vs. Near New Era Cinema, Mumbai-400020 S.V. Road, Malad (W), Mumbai-400064 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaepm6435F "नधा"रती क" ओर से / Assessee By M/S. Keyuri Desai Shri Sushil Kumar Poddar,Dr राज"व क" ओर से / Revenue By 16/11/2016 सुनवाई क" तार"ख / Date Of Hearing : 18/11/2016 आदेश क" तार"ख /Date Of Order:

…Sugar Mills Ltd. v. CIT, (1979) 117 ITR 945 (Born)]; (12) by the assessee-amalgamated-company in reimbursing the amount of legal expenses incurred by the shareholders who attempted stayal of declaration of dividends [Raza Buland Sugar Co. Ltd. v. CIT, (1980) 122 ITR 817 (All)]; (l3) for the purposes of the amalgamation of two companies [Raza Buland Sugar Co. Ltd. v. CIT, (1980) 122 ITR 817 (All); Raza Buland Sugar Co. Ltd. v. CIT, (1980) 123 ITR 24 (All)]; (14) in defending a suit instituted by certain shareholders seeking an injunction restraining the company from proceeding to distribute dividends in specie…

M/S. NATIONAL TEXTILE CORPORATION LTD.,NEW DELHI vs. ITO, NEW DELHI

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

ITA 2416/DEL/2014[2003-04]Status: DisposedITAT Delhi28 Sept 2016AY 2003-04

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2003-04 M/S. National Textile Vs. Ito, Ward-13(3), New Delhi Corporation Ltd., Core-4, Scope Complex-7, Lodhi Road, New Delhi Pan : Aaacn2847I (Appellant) (Respondent) Appellant By Sh. Manoj Anand, Ca Respondent By Ms. Deepika Mittal, Cit(Dr) Date Of Hearing 21.07.2016 Date Of Pronouncement 28.09.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 02/01/2014 Of The Learned Commissioner Of Income-Tax (Appeals)-Xvii, Laxmi Nagar, New Delhi, For Assessment Year 2003-04, Raising Following Grounds: 1. On The Facts & Circumstances Of The Case, The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-19 (Cit (A) Is Bad Both In The Eye Of Law & On Facts.

Section 143(3)Section 263Section 37

…ct been 14 AY: 2003-04 incurred thereafter for any reasons would not alter the character of expenditure from capital to revenue. In this connection we may refer to the decision in the case of Raza Buland Sugar Co. Ltd. vs. CIT (1979) 8 CTR (All) 181 : (1980) 122 ITR 817 (All) : TC 16R.1054. The question related to allowing of the assessee-company for deduction of the amount paid to the lawyer in connection with the amalgamation which was claimed as its business expenses. The assessee-company was formed by the amalgamation of two companies namely, the Raza Sugar Company and the Buland Sugar Company. It was held t…

Raza Buland Sugar Co. Ltd. v. CIT

Judgments citing Raza Buland Sugar Co. Ltd. v. CIT