Serum Institute of India Ltd. v. Addl. CIT

147 TTJ 594Income Tax Appellate Tribunal#10180 most cited

What is Serum Institute of India Ltd. v. Addl. CIT authority for?

Assets like stools, tables, and stainless steel racks used in a laboratory for production or processing are considered "plant" for depreciation purposes, based on their functionality.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2019 to 2022.

Also referred to as

Serum Institute of India Ltd. vs Addl. CIT · 147 TTJ 594 · plant and machinery · depreciation · laboratory equipment · functional test · furniture vs plant

Judgments citing Serum Institute of India Ltd. v. Addl. CIT

M/S. Himalaya Wellness Company (Formerly Known As the Himalaya Drug Company), Bengaluru vs. The Deputy Commissioner of Income Tax, Circle- 6(1)(1), Bengaluru

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

ITA 259/BANG/2022[2017-18]Status: DisposedITAT Bangalore14 Jun 2022AY 2017-18

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.259/Bang/2022 : Asst.Year 2017-2018 M/S.Himalaya Wellness Company The Deputy Commissioner Of (Formerly Known As The Himalaya Income-Tax, Circle 6(1)(1) V. Bengaluru. Drug Company), Makali, Tumkur Road Bengaluru – 562 162. Pan : Aadft3025B. (Appellant) (Respondent)

For Appellant: Sri.Padamchand Kincha, CAFor Respondent: Sri.Sumer Singh Meena, CIT -DR
Section 143(1)Section 143(2)Section 143(3)Section 144C(5)Section 2(11)Section 92C

…tory/lab for the purpose of production or manufacture as part of "Plant & Machinery". In support of his contention, the ld. AR placed his reliance on the decision rendered by Pune Bench of the Tribunal in the case of Serum Institute of India Ltd., Vs Addl.CIT 147 TTJ 594 (Pune). In the above said case, the Tribunal considered the issue of depreciation allowable on stools, tables, stainless steel racks etc., which were used for laboratory purposes, i.e for the purpose of production or processing of chemical tests in the laboratory leading to the production. The Tribunal took the view that the functionality test of…

The Himalaya Drug Company, Bengaluru vs. Joint Commissioner of Income Tax(OSD), Circle-6(1)(1), Bengaluru

In the result, the appeal filed by the assessee is treated as allowed

ITA 303/BANG/2021[2016-17]Status: DisposedITAT Bangalore22 Oct 2021AY 2016-17

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Shri Muzaffar Hussain, D.R
Section 143(3)

…tory/lab for the purpose of production or manufacture as part of “Plant & Machinery”. In support of his contention, the ld. AR placed his reliance on the decision rendered by Pune Bench of the Tribunal in the case of Serum Institute of India Ltd., Vs Addl.CIT 147 TTJ 594 (Pune). In the above said case, the Tribunal considered the issue of depreciation allowable on stools, tables, stainless steel racks etc., which were used for laboratory purposes, i.e for the purpose of production or processing of chemical tests in the laboratory leading to the production. The Tribunal took the view that the functionality test of…

M/S. the Himalaya Drug Company, Bengaluru vs. The Deputy Commissioner of Income Tax, Circle- 6(2)(1), Bengaluru

In the result, the appeal of the assessee is partly allowed

ITA 2434/BANG/2019[2015-16]Status: DisposedITAT Bangalore08 Dec 2020AY 2015-16

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2015-16

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 234B

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER Assessment year : 2015-16 M/s. Himalaya Drug Company, Vs. The Deputy Commissioner of Makali, Tumkur Road, Income Tax, Bengaluru – 562 123. Circle 6(2), PAN: AADFT 3025B Bengaluru. APPELLANT RESPONDENT Appellant by : Shri Padamchand Khincha, CA Respondent by : Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru. Date of hearing : 24.11.2020 Date of Pronouncement : 08.12.2020 O R D E R Per N.V. Vasudevan, Vice President This is an appeal by the assessee directed against t…

The Himalaya Drug Company, Bangalore vs. The Deputy Commissioner of Income Tax Circle-6(2)(1), Bangalore

In the result, the appeal filed by the assessee is partly allowed

ITA 3071/BANG/2018[2014-15]Status: DisposedITAT Bangalore07 Dec 2020AY 2014-15

Bench: Shri N.V. Vasudevan & Shri B.R.Baskaran

For Appellant: ShriFor Respondent: Shri Pradeep Kumar, CIT-D.R
Section 143(3)

…IT(TP)A No.3071/Bang/2018 The Himalaya Drug Company, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH ‘C’ BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI B.R.BASKARAN, ACCOUNTANT MEMBER IT(TP)A No.3071/Bang/2018 Assessment Year: 2014 – 15 The Deputy Commissioner of Income tax, M/s. The Himalaya Drug Company Circle 6(2)(1), Makali, Tumkur Road Vs. Room No.317, 3rd Floor, Bengaluru-562162 B.M.T.C Building, 80 feet Road, 6th Block, Koramangala, PAN NO :AADFT3025B Bengaluru - 560095 APPELLANT RESPONDENT Appellant by : Shri Padam Chand Khincha, & Sudheendra B., A.R. Respondent by : Shri Pradeep…

Landbase India Ltd., Gurgaon vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4999/DEL/2015[2011-12]Status: DisposedITAT Delhi26 Aug 2019AY 2011-12

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…of business for regulation of air traffic and communicational and navigational control was to be treated as „plant‟ for the purposes of claiming depreciation under the relevant provisions of the Act. In the case of Serum Institute of India Ltd. vs. Addl. CIT: 147 TTJ 594 (Pune), the Pune Bench of Tribunal had held that various stools, tables, stainless steel racks, trolley, etc., used by the assessee in a laboratory for manufacturing chemicals and vaccines were to be treated as „plant‟ and not as „furniture‟. The Tribunal, in this regard, relying on the Bombay High Court decision in the case of CIT v. Park Devis…

Landbase India Ltd., Gurgaon vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4998/DEL/2015[2010-11]Status: DisposedITAT Delhi26 Aug 2019AY 2010-11

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…of business for regulation of air traffic and communicational and navigational control was to be treated as „plant‟ for the purposes of claiming depreciation under the relevant provisions of the Act. In the case of Serum Institute of India Ltd. vs. Addl. CIT: 147 TTJ 594 (Pune), the Pune Bench of Tribunal had held that various stools, tables, stainless steel racks, trolley, etc., used by the assessee in a laboratory for manufacturing chemicals and vaccines were to be treated as „plant‟ and not as „furniture‟. The Tribunal, in this regard, relying on the Bombay High Court decision in the case of CIT v. Park Devis…

Landbase India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4560/DEL/2011[2005-06]Status: DisposedITAT Delhi26 Aug 2019AY 2005-06

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…of business for regulation of air traffic and communicational and navigational control was to be treated as „plant‟ for the purposes of claiming depreciation under the relevant provisions of the Act. In the case of Serum Institute of India Ltd. vs. Addl. CIT: 147 TTJ 594 (Pune), the Pune Bench of Tribunal had held that various stools, tables, stainless steel racks, trolley, etc., used by the assessee in a laboratory for manufacturing chemicals and vaccines were to be treated as „plant‟ and not as „furniture‟. The Tribunal, in this regard, relying on the Bombay High Court decision in the case of CIT v. Park Devis…

M/S Landbase India Ltd., Gurgaon vs. ACIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 138/DEL/2016[2012-13]Status: DisposedITAT Delhi26 Aug 2019AY 2012-13

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…of business for regulation of air traffic and communicational and navigational control was to be treated as „plant‟ for the purposes of claiming depreciation under the relevant provisions of the Act. In the case of Serum Institute of India Ltd. vs. Addl. CIT: 147 TTJ 594 (Pune), the Pune Bench of Tribunal had held that various stools, tables, stainless steel racks, trolley, etc., used by the assessee in a laboratory for manufacturing chemicals and vaccines were to be treated as „plant‟ and not as „furniture‟. The Tribunal, in this regard, relying on the Bombay High Court decision in the case of CIT v. Park Devis…

Landbase India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 653/DEL/2011[2007-08]Status: DisposedITAT Delhi26 Aug 2019AY 2007-08

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…of business for regulation of air traffic and communicational and navigational control was to be treated as „plant‟ for the purposes of claiming depreciation under the relevant provisions of the Act. In the case of Serum Institute of India Ltd. vs. Addl. CIT: 147 TTJ 594 (Pune), the Pune Bench of Tribunal had held that various stools, tables, stainless steel racks, trolley, etc., used by the assessee in a laboratory for manufacturing chemicals and vaccines were to be treated as „plant‟ and not as „furniture‟. The Tribunal, in this regard, relying on the Bombay High Court decision in the case of CIT v. Park Devis…

ACIT, New Delhi vs. M/S. Landbase India Ltd., New Delhi

In the result, appeal of the assessee for assessment year 2011-12 is allowed

ITA 4849/DEL/2011[2005-06]Status: DisposedITAT Delhi26 Aug 2019AY 2005-06

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 143(3)Section 147Section 148Section 32(1)

…of business for regulation of air traffic and communicational and navigational control was to be treated as „plant‟ for the purposes of claiming depreciation under the relevant provisions of the Act. In the case of Serum Institute of India Ltd. vs. Addl. CIT: 147 TTJ 594 (Pune), the Pune Bench of Tribunal had held that various stools, tables, stainless steel racks, trolley, etc., used by the assessee in a laboratory for manufacturing chemicals and vaccines were to be treated as „plant‟ and not as „furniture‟. The Tribunal, in this regard, relying on the Bombay High Court decision in the case of CIT v. Park Devis…

Serum Institute of India Ltd. v. Addl. CIT (147 TTJ 594) — Cited in 10 Judgments | BharatTax