SB) in Indusind Bank Ltd. v. ADIT

19 Taxmann.com 173Reported decision2012#4143 most cited

What is SB) in Indusind Bank Ltd. v. ADIT authority for?

A Special Bench decision of the Tribunal rendered prior to a Supreme Court decision is subordinate to the Supreme Court ruling.

28

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2025.

Also referred to as

Indusind Bank Ltd. v. ADIT · 19 Taxmann.com 173 · Special Bench decision · Supreme Court decision · ICDS Limited v. CIT · precedent · judicial hierarchy

Sections most often in play

Section 143(3)Section 115JBSection 142(1)Section 143(2)Section 144CSection 254Section 271(1)(c)Section 32

Judgments citing SB) in Indusind Bank Ltd. v. ADIT

M/S Maharashtra Apex Corporation Limited, Manipal vs. Deputy Commissioner of Income Tax Circle-1, Udupi

240 & 241/Bang/2018

ITA 249/BANG/2018[2004-05]Status: DisposedITAT Bangalore20 Sept 2019AY 2004-05

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Anil Kumar Rao, C. AFor Respondent: Shri Vikas Suryavamshi, Addl. CIT DR
Section 143Section 154

…m the depreciation will be allowed. The extract from Board Circular No 762 dated 18-2-1998 explaining this provision is enclosed as page 83 of the paper book. 14.The CIT-A appeal erred in relying upon the decision in Indus Ind Bank Ltd case reported in [2012] 19 Taxmann.com 173( Mumbai) (SB) which relied upon the ABB case (supra) when the Hon'ble Supreme Court in ICDS Ltd vs CIT (supra) was available holding that Lessor is entitled for depreciation as the owner in case of leased vehicles though the same may be registered in the names of the lessees and under the Motor Vehicles Act they are treated as the register…

M/S Maharashtra Apex Corporation Limited, Manipal vs. Deputy Commissioner of Income Tax Circle-1, Udupi

240 & 241/Bang/2018

ITA 248/BANG/2018[2003-04]Status: DisposedITAT Bangalore20 Sept 2019AY 2003-04

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Anil Kumar Rao, C. AFor Respondent: Shri Vikas Suryavamshi, Addl. CIT DR
Section 143Section 154

…m the depreciation will be allowed. The extract from Board Circular No 762 dated 18-2-1998 explaining this provision is enclosed as page 83 of the paper book. 14.The CIT-A appeal erred in relying upon the decision in Indus Ind Bank Ltd case reported in [2012] 19 Taxmann.com 173( Mumbai) (SB) which relied upon the ABB case (supra) when the Hon'ble Supreme Court in ICDS Ltd vs CIT (supra) was available holding that Lessor is entitled for depreciation as the owner in case of leased vehicles though the same may be registered in the names of the lessees and under the Motor Vehicles Act they are treated as the register…

M/S Maharashtra Apex Corporation Limited, Manipal vs. Deputy Commissioner of Income Tax Circle-1, Udupi

240 & 241/Bang/2018

ITA 247/BANG/2018[2001-02]Status: DisposedITAT Bangalore20 Sept 2019AY 2001-02

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Anil Kumar Rao, C. AFor Respondent: Shri Vikas Suryavamshi, Addl. CIT DR
Section 143Section 154

…m the depreciation will be allowed. The extract from Board Circular No 762 dated 18-2-1998 explaining this provision is enclosed as page 83 of the paper book. 14.The CIT-A appeal erred in relying upon the decision in Indus Ind Bank Ltd case reported in [2012] 19 Taxmann.com 173( Mumbai) (SB) which relied upon the ABB case (supra) when the Hon'ble Supreme Court in ICDS Ltd vs CIT (supra) was available holding that Lessor is entitled for depreciation as the owner in case of leased vehicles though the same may be registered in the names of the lessees and under the Motor Vehicles Act they are treated as the register…

M/S Maharashtra Apex Corporation Limited, Manipal vs. Deputy Commissioner of Income Tax Circle-1, Udupi

240 & 241/Bang/2018

ITA 245/BANG/2018[2000-01]Status: DisposedITAT Bangalore20 Sept 2019AY 2000-01

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Anil Kumar Rao, C. AFor Respondent: Shri Vikas Suryavamshi, Addl. CIT DR
Section 143Section 154

…m the depreciation will be allowed. The extract from Board Circular No 762 dated 18-2-1998 explaining this provision is enclosed as page 83 of the paper book. 14.The CIT-A appeal erred in relying upon the decision in Indus Ind Bank Ltd case reported in [2012] 19 Taxmann.com 173( Mumbai) (SB) which relied upon the ABB case (supra) when the Hon'ble Supreme Court in ICDS Ltd vs CIT (supra) was available holding that Lessor is entitled for depreciation as the owner in case of leased vehicles though the same may be registered in the names of the lessees and under the Motor Vehicles Act they are treated as the register…

M/S Maharashtra Apex Corporation Limited, Manipal vs. Deputy Commissioner of Income Tax Circle-1, Udupi

240 & 241/Bang/2018

ITA 243/BANG/2018[1999-00]Status: DisposedITAT Bangalore20 Sept 2019AY 1999-00

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Anil Kumar Rao, C. AFor Respondent: Shri Vikas Suryavamshi, Addl. CIT DR
Section 143Section 154

…m the depreciation will be allowed. The extract from Board Circular No 762 dated 18-2-1998 explaining this provision is enclosed as page 83 of the paper book. 14.The CIT-A appeal erred in relying upon the decision in Indus Ind Bank Ltd case reported in [2012] 19 Taxmann.com 173( Mumbai) (SB) which relied upon the ABB case (supra) when the Hon'ble Supreme Court in ICDS Ltd vs CIT (supra) was available holding that Lessor is entitled for depreciation as the owner in case of leased vehicles though the same may be registered in the names of the lessees and under the Motor Vehicles Act they are treated as the register…

Price Waterhouse Coppers Private Limited, Kolkata vs. Addl C.I.T RG - 2, Kolkata

In the result, to sum up, the appeals of the revenue in ITA No

ITA 2033/KOL/2013[2003-04]Status: DisposedITAT Kolkata13 Jul 2016AY 2003-04

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri K. M. Gupta, ARFor Respondent: Shri A. K. Pandey, JCIT, Sr. DR
Section 143(3)

…nsideration of the facts of the case, I find that so far the leased vehicles are concerned, the A.O. was justified in disallowing the depreciation thereon. So far the judgment cited by the appellant in the case of Indus Ind Bank Ltd. Vs. Addl. CIT reported in 19 Taxmann.com 173 (Mum)(SB), the facts of both the cases are not identical. However, the A.O is directed to allow depreciation on appellant's owned vehicles. Further, the alternative argument of the appellant that if the depreciation on leased vehicles is disallowed than they would be eligible to get the lease rental (net of interest element), in this regar…

D.C.I.T, Cir-2, Kolkata vs. M/S Price Water House Coopers Pvt., Kolkata

In the result, to sum up, the appeals of the revenue in ITA No

ITA 1523/KOL/2013[2005-2006]Status: DisposedITAT Kolkata13 Jul 2016AY 2005-2006

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri K. M. Gupta, ARFor Respondent: Shri A. K. Pandey, JCIT, Sr. DR
Section 143(3)

…nsideration of the facts of the case, I find that so far the leased vehicles are concerned, the A.O. was justified in disallowing the depreciation thereon. So far the judgment cited by the appellant in the case of Indus Ind Bank Ltd. Vs. Addl. CIT reported in 19 Taxmann.com 173 (Mum)(SB), the facts of both the cases are not identical. However, the A.O is directed to allow depreciation on appellant's owned vehicles. Further, the alternative argument of the appellant that if the depreciation on leased vehicles is disallowed than they would be eligible to get the lease rental (net of interest element), in this regar…

D.C.I.T, Cir-2, Kolkata vs. M/S Pricewaterhouse Coopers Pvt, Kolkata

In the result, to sum up, the appeals of the revenue in ITA No

ITA 1521/KOL/2013[2003-2004]Status: DisposedITAT Kolkata13 Jul 2016AY 2003-2004

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri K. M. Gupta, ARFor Respondent: Shri A. K. Pandey, JCIT, Sr. DR
Section 143(3)

…nsideration of the facts of the case, I find that so far the leased vehicles are concerned, the A.O. was justified in disallowing the depreciation thereon. So far the judgment cited by the appellant in the case of Indus Ind Bank Ltd. Vs. Addl. CIT reported in 19 Taxmann.com 173 (Mum)(SB), the facts of both the cases are not identical. However, the A.O is directed to allow depreciation on appellant's owned vehicles. Further, the alternative argument of the appellant that if the depreciation on leased vehicles is disallowed than they would be eligible to get the lease rental (net of interest element), in this regar…