Sayaji Iron & Engg. Co. v. CIT

253 ITR 749High Court2002#525 most cited

What is Sayaji Iron & Engg. Co. v. CIT authority for?

For a limited company, expenses cannot be disallowed merely on the grounds of presumed personal use of assets by directors or by treating the expenditure as a non-business purpose. Percentage disallowances of expenses in such cases are not sustainable.

181

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2026.

Also referred to as

Sayaji Iron & Engg. Co. v. CIT · 253 ITR 749 · disallowance of expenses · personal use directors · non-business purpose · limited company expenses · business expediency · Section 40A

Issues it is cited on

Judgments citing Sayaji Iron & Engg. Co. v. CIT

M/S.Ecoplast Ltd., Valsad vs. Dy.Cmmissioner of Income Tax, Valsad Renge, Valsad

In the result, appeal of the assessee is partly allowed

ITA 943/AHD/2016[2012-13]Status: DisposedITAT Surat05 Jul 2018AY 2012-13

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No.943/Ahd/2016/Srt िनधा"रण वष"/Assessment Year : 2012-13 Ecoplast Ltd, Vs. The Deputy Commissioner Of S.No.309, National Highway Income Tax, No.8, Water Works Cross Road, Valsad Range, Abrama, Valsad – 396 001. Valsad – 396 001. [Pan: Aaace 5030 H] अपीलाथ" Appellant ""यथ"/Respondent िनधा"रती क" ओर से /Assessee By Shri Tushar P. Hemani – Adv. राज"व क" ओर से /Revenue By Shri J.K.Chandnani – Sr.Dr 12.07.2018 सुनवाई क" तारीख/ Date Of Hearing: 18.09.2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals), Valsad (In Short “The Cit (A)”) Dated 01.03.2016 Pertaining To Assessment Year 2012-13, Which In Turn Has Arisen From The Order Passed By The Deputy Commissioner Of Income Tax, Valsad Circle, Valsad (In Short “The Ao”) Dated 17.02.2015 Under Section 143(3) Of Income Tax Act, 1961 (In Short ‘The Act’).

Section 143(3)Section 36(1)(ii)Section 36(1)(iii)

…he expenses, which the CIT(A) has restricted to 10% at Rs.46,683/-. It was contended that there cannot be any personal element in any expenses incurred by the company as held by the Hon'ble High Court in the case of Sayaji Iron and Engineering Company vs. CIT 253 ITR 749 (Guj). Further, the assessee has incurred such expenses on Foreign Tour to meet Mr.Windmoller & Holscher Company in Germany which is world’s leading suppliers of Blown Film Plants. Such expenditure are 0.08 % of total turnover of Rs.59.71 crores, hence allowable in-toto. 14. We have heard the rival submissions and we find that the total expenses…