Shankar Construction Co. v. CIT

189 ITR 463High Court1991#19638 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2020 to 2023.

Judgments citing Shankar Construction Co. v. CIT

ACIT, Circle - 6(2), Kolkata vs. M/S. Nagreeka Synthetics Pvt. Ltd., Kolkata

In the result, the appeal of the revenue is allowed for statistical purposes and the cross-objection by the assessee are dismissed

ITA 427/KOL/2019[2009-10]Status: DisposedITAT Kolkata09 Nov 2023AY 2009-10

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 427/Kol/2019 Assessment Year: 2009-10 Asst. Commissioner Of Income Tax, M/S. Nagreeka Synthetics Pvt. Ltd. Circle-6(2), Kolkata Vs 6Th Floor, Jain Chamber 18, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacn8691D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 19/Kol/2021 Assessment Year: 2009-10 M/S. Nagreeka Synthetics Pvt. Ltd. Asst. Commissioner Of Income 6Th Floor, Jain Chamber Vs Tax, Circle-6(2), Kolkata 18, R.N. Mukherjee Road Kolkata - 700001 [Pan : Aaacn8691D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.D. Verma, Advocate Revenue By : Shri Abhijit Kundu, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 05/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 4, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 21/06/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2009- 10. The Assessee Has Filed A Cross-Objection Being C.O. No. 19/Kol/2021. 2. The Registry Has Pointed Out That There Is A Delay Of 965 Days In Filing The Cross-Objection By The Assessee. The Assessee Has Filed A 2

For Appellant: Shri S.D. Verma, AdvocateFor Respondent: Shri Abhijit Kundu, CIT D/R
Section 143(1)Section 143(3)Section 148Section 2(22)(e)Section 250Section 73

…. 427/Kol/2019 Assessment Year: 2009-10 C.O. No. 19/Kol/2021 Assessment Year: 2009-10 M/s. Nagreeka Synthetics Pvt. Ltd. i) C.l.T Vs Bhaskar Miltas 202 ITR. 612 ( Cal) ( same expression should be assigned) as per statute ii) Shankar Construction Co Vs C.l.T. 189 ITR 463 Kerala Case Laws Relied against addition of Rs. 80200000/- 1. ACIT 1(2) (1)- Vs Jasubhai Engineering P.Ltd ITA No 7519/Mum/2016 Asst Year 2013-14 ( Refer Para No. 12 & 17 of Judgement 2. DCIT Vs Saha India Commercial corporation ITA No 5772/DEL/2010 Asst Year 2005-06 ( Refer Page 4,5, Para No.12 at page 11, Para 17 Page.15, Page 18- Para.22) In v…

Dy CIT CC-1(4), Mumbai vs. M/S Grasim Industries Ltd., Mumbai

ITA 41/MUM/2021[2018-19]Status: DisposedITAT Mumbai30 Nov 2022AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. J.D Mistry, Sr. AdvFor Respondent: Shri Anil Singh
Section 115OSection 115QSection 2

…ly be described as the tools of business or undertaking, i.e. things or articles which are necessarily to be used to keep the undertaking going or to assist the carrying on of the activities leading to the earning of profits." Shankar Construction Co. v. CIT (189 ITR 463 (Kar HC))(@Para 4 – Pg. 17, Pg. 14-18 of Legal Paper Book, Vol. I) The Appellant submits that although the aforesaid decisions were rendered in the context of interpretation of provisions of other acts / section, but the Appellant is relying on the same for undertaking the meaning of the term ‗undertaking‘ as is generally understood. 43. The def…

Grasim Industries Ltd., Mumbai vs. Dy CIT, Central Circle-1(4), Mumbai

ITA 1935/MUM/2020[2018-19]Status: DisposedITAT Mumbai30 Nov 2022AY 2018-19

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm

For Appellant: Shri. J.D Mistry, Sr. AdvFor Respondent: Shri Anil Singh
Section 115OSection 115QSection 2

…ly be described as the tools of business or undertaking, i.e. things or articles which are necessarily to be used to keep the undertaking going or to assist the carrying on of the activities leading to the earning of profits." Shankar Construction Co. v. CIT (189 ITR 463 (Kar HC))(@Para 4 – Pg. 17, Pg. 14-18 of Legal Paper Book, Vol. I) The Appellant submits that although the aforesaid decisions were rendered in the context of interpretation of provisions of other acts / section, but the Appellant is relying on the same for undertaking the meaning of the term ‗undertaking‘ as is generally understood. 43. The def…

Trent Ltd, Mumbai vs. Addl. C.I.T.-2(3), Mumbai

ITA 5775/MUM/2011[2007-08]Status: DisposedITAT Mumbai15 Jul 2020AY 2007-08

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Trent Ltd., V. Add. Cit – 2(3) Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent) Addl. Cit – 2(3) V. M/S. Trent Ltd., Room No. 556, 5Th Floor Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai - 400 020 Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent) M/S. Trent Ltd., V. Dy. Cit – 2(3) Bombay House, 2Nd Floor, 24 Aayakar Bhavan, M.K. Road Homi Mody Street, Fort Mumbai Mumbai – 400 001 Pan: Aaacl1838J (Appellant) (Respondent)

Section 14ASection 35DSection 37(1)

…ay reach out to such collective good. Today, not tomorrow, is the first charge of pragmatic law of western heritage. So we are confined to material, not ethereal end products." (d) The Karnataka High Court in the case of Shankar Construction Co. v. CIT [1991] 189 ITR 463 : 56 Taxman 98, held that the activities of a firm carrying on business in manufacturing and sale of tiles and specialising in construction of dams and canals to be those of an industrial undertaking. It was a claim of investment allowance which could be claimed by an industrial undertaking. In this regard the term "industrial undertaking" was ex…

Shankar Construction Co. v. CIT (189 ITR 463) — Cited in 4 Judgments | BharatTax