Sai Fragrance & Flavours (P) Ltd. v. ACIT

169 ITD 235Income Tax Appellate Tribunal2018#17011 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2020 to 2024.

Judgments citing Sai Fragrance & Flavours (P) Ltd. v. ACIT

ACIT., CIRCLE-2(1), HYDERABAD vs. TECKBOND LABORATORIES PRIVATE LTD , AMEERPET

ITA 632/HYD/2024[2017-18]Status: DisposedITAT Hyderabad21 Oct 2024AY 2017-18

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdia

For Appellant: NoneFor Respondent: : Shri Madan Mohan Meena
Section 143(3)

…a in the case of Lawrence D'Souza (supra)which took the view that expenditure in question had to be allowed in AY 1996-97, though business came to a halt in the year 1994. Similarly, it was held in the case of Sai Fragrance & Flavours (P) Ltd. Vs. ACIT (2018) 169 ITD 235 (Mum-Trib). 7.2.3. Hon'ble Calcutta High Court in the case of CIT vs Ganga Properties Ltd (supra) observed that a limited company, even if it does not carry on its business, but it derives income from other sources has to maintain its establishment for complying with statutory obligations so long as it is in operation and its name is not struck…

DCIT, CIRCLE- 18(1), NEW DELHI vs. NCR BUSINESS PARK PVT. LTD., NEW DELHI

Appeal stands allowed in favour of the Assessee

ITA 6646/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Jun 2022AY 2014-15

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmadcit, Vs. Ncr Business Park Pvt. Ltd, Circle-18(1), 3, Shivji Marg, Westend Greens New Delhi Rangpuri, Delhi Pan: Aacck7819E (Appellant) (Respondent) Ncr Business Park Pvt. Ltd, Vs. Dcit, 3, Shivji Marg, Westend Circle-18(1), Greens Rangpuri, Delhi New Delhi Pan: Aacck7819E (Appellant) (Respondent)

For Appellant: Shri Kapil Goel, AdvFor Respondent: Ms. Garima Sharma, Sr. DR
Section 14Section 143(2)Section 143(3)Section 2(13)Section 68

…ss once it got revived and that amounted to passive use of the assets, which would meet the requirements of Section 32 of the I.T. Act, 1961. Further referring to the decision of Mumbai Bench of the Tribunal in the case of Sai Fragrance & Flavours (P.) Ltd., 169 ITD 235 (Mumbai.Tribu.), he had submitted that under identical circumstances the Tribunal has allowed the claim of various expenses incurred by the assessee to keep the corporate status and the expenses were allowed as deduction under section 37(1) of the I.T. Act, 1961. The Coordinate Bench sustaining the contentions had held; “8. I have considered the…

NCR BUSINESS PARK PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 18(1), NEW DELHI

Appeal stands allowed in favour of the Assessee

ITA 6595/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Jun 2022AY 2014-15

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmadcit, Vs. Ncr Business Park Pvt. Ltd, Circle-18(1), 3, Shivji Marg, Westend Greens New Delhi Rangpuri, Delhi Pan: Aacck7819E (Appellant) (Respondent) Ncr Business Park Pvt. Ltd, Vs. Dcit, 3, Shivji Marg, Westend Circle-18(1), Greens Rangpuri, Delhi New Delhi Pan: Aacck7819E (Appellant) (Respondent)

For Appellant: Shri Kapil Goel, AdvFor Respondent: Ms. Garima Sharma, Sr. DR
Section 14Section 143(2)Section 143(3)Section 2(13)Section 68

…ss once it got revived and that amounted to passive use of the assets, which would meet the requirements of Section 32 of the I.T. Act, 1961. Further referring to the decision of Mumbai Bench of the Tribunal in the case of Sai Fragrance & Flavours (P.) Ltd., 169 ITD 235 (Mumbai.Tribu.), he had submitted that under identical circumstances the Tribunal has allowed the claim of various expenses incurred by the assessee to keep the corporate status and the expenses were allowed as deduction under section 37(1) of the I.T. Act, 1961. The Coordinate Bench sustaining the contentions had held; “8. I have considered the…

DHANYATA ENTERPRISES PRIVATE LIMITED,NEW DELHI vs. DCIT CIRCLE-7(2), NEW DELHI

In the result, appeal of the Assessee is partly allowed

ITA 404/DEL/2020[2014-15]Status: DisposedITAT Delhi24 Sept 2021AY 2014-15

Bench: Shri R.K. Panda

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Shri R.K. Gupta, Sr. D.R
Section 57

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “SMC” : DELHI [THROUGH VIDEO CONFERENCING] BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA.No.404/Del./2020 Assessment Year 2014-2015 Dhanyata Enterprises The DCIT, Circle-7(2), Private Limited, C-233, C.R. Building, ITO, Lower Ground Floor, vs. Defence Colony, I.P. Estate, New Delhi – 110 024. New Delhi – 110 002. PAN AADCD3204F (Appellant) (Respondent) For Assessee : Shri Rohit Tiwari, Advocate For Revenue : Shri R.K. Gupta, Sr. D.R. Date of Hearing : 31.08.2021 Date of Pronouncement : 24.09.2021 ORDER This appeal filed by the Assessee is directed against the Ord…

M/S. SAFINA HOTELS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 2512/BANG/2019[2016-17]Status: DisposedITAT Bangalore09 Nov 2020AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojarim/S. Safina Hotels Pvt. Ltd., 84/85, Safina Plaza, Infantry Road, Bangalore-560 001 ….Appellant Pan Aaccs 5146G Vs. Dy. Commissioner Of Income Tax, Circle 6(1)(1), Bangalore. ……Respondent. Assessee By: Shri Tata Krishna, Advocate. Revenue By: Shri Kannan Narayanan, Jcit(D.R)

For Appellant: Shri Tata Krishna, AdvocateFor Respondent: Shri Kannan Narayanan, JCIT(D.R)
Section 143(2)Section 143(3)Section 32Section 37

…140 (SC) ii) CIT Vs. Delhi Safe Deposit Co. Ltd. (1982) 133 ITR 756 (SC) iii) CIT Vs. Lawrence D’Souza (2011) 203 Taxman 200 (Kar) iv) Hirsh Bracelet India (P) Ltd. Vs. ACIT (2019) 178 ITD 601 (Bang – Trib) v) Sai Fragrance & Flavours (P) Ltd. Vs. ACIT (2018) 169 ITD 235 (Mum-Trib). 5.1 Further it was submitted that even the assessee has discontinued hotel business it is necessary to use the Car by the Director of the assessee company and there will be wear and tear which is in the nature of depreciation for which the assessee is entitled for depreciation. 6. On the other hand, the learned Departmental Representa…

Sai Fragrance & Flavours (P) Ltd. v. ACIT (169 ITD 235) — Cited in 5 Judgments | BharatTax