Ship Scrap Traders v. Commissioner of Income Tax

251 ITR 806High Court2001#9815 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2022.

Judgments citing Ship Scrap Traders v. Commissioner of Income Tax

TECH MAHINDRA LTD,MUMBAI vs. DCIT 2(3), MUMBAI

In the result we are not inclined to interfere in the order of Ld

ITA 6256/MUM/2016[2010-11]Status: DisposedITAT Mumbai30 Nov 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri Gagan Goyaltech Mahindra Limited, C/O Marriott Hotels India Pvt. Ltd. Gateway Building, Apollo Bunder, Mumbai-400001 Pan: Aaacm3484F ...... Appellant Vs. Dcit-2(3), Room No. 552, Aayakar Bhavan, M.K. Marg, Mumbai-400020. ..... Respondent Acit Circle-2(3)(1), Room No. 552, 5Th Floor, Aayakar Bhavan, M.K. Marg, Mumbai-400020. ..... Appellant Vs. Tech Mahindra Limited, C/O Marriott Hotels India Pvt. Ltd. Gateway Building, Apollo Bunder, Mumbai-400001 Pan: Aaacm3484F ..... Respondent Appellant/Assessee By : Sh. J.D. Mistri / Sh. Harsh Kapadia Respondent/Revenue By : Sh. K.C. Kanojia- Cit-Dr

For Appellant: Sh. J.D. Mistri / Sh. Harsh KapadiaFor Respondent: Sh. K.C. Kanojia- CIT-DR
Section 10(34)Section 10ASection 14ASection 234BSection 250Section 32(1)

…ttled rule of interpretation that when a statute does not define a particular word or expression it should be given a meaning which is given to that word or expression in ordinary commercial parlance or its definition in similar enactments (Ship Scrap Traders 251 ITR 806(Bom)]. 13 ITA No. 6256 & 6401/Mum/2016-Tech Mahindra Limited Turnover as you will rightly appreciate refers to the value of goods sold or services rendered. This is more so in the context where one has to compare export turnover with total turnover. In the present context export turnover has, in so many words been defined to mean turnover of a…

DCIT (LTU), NEW DELHI vs. M/S. GAIL (INDIA) LTD., NEW DELHI

Appeal is dismissed

ITA 4642/DEL/2013[1996-97]Status: DisposedITAT Delhi26 Oct 2020AY 1996-97

Bench: Sh. R. K. Panda & Ms Suchitra Kamble

Section 80HSection 80I

…d. V. CIT: 251 ITR 323 (SC)  CST vs. Jagannnath Cotton Company: 99 STC 83, 86 (SC)  CIT vs. Sesa Goa Ltd.: 279 ITR 331 (SC)  India Cine Agency v. CIT: 308 ITR 98 (SC)  ITO v. Arihant Tiles and Marbles (P) Ltd.: 320 ITR 79 (SC)  Ship Scrap Traders v. CIT: 251 ITR 806 (Bom)  Orient Longman Ltd V. ITO: 130 ITR 477 (Del.)  CIT V. Ajay Printery (P) Ltd: 58 ITR 811 (Guj.) Applying the aforesaid principle in the assessee’s case, the Ld. AR submitted that the assessee could not have commercially sold “Lean gas” and Processed Natural Gas, without carrying out the above mentioned activities at various stages, inclu…

GAIL (INDIA) LTD.,NEW DELHI vs. DCIT-LTU DELHI, NEW DELHI

Appeal is dismissed

ITA 4454/DEL/2013[1996-97]Status: DisposedITAT Delhi26 Oct 2020AY 1996-97

Bench: Sh. R. K. Panda & Ms Suchitra Kamble

Section 80HSection 80I

…d. V. CIT: 251 ITR 323 (SC)  CST vs. Jagannnath Cotton Company: 99 STC 83, 86 (SC)  CIT vs. Sesa Goa Ltd.: 279 ITR 331 (SC)  India Cine Agency v. CIT: 308 ITR 98 (SC)  ITO v. Arihant Tiles and Marbles (P) Ltd.: 320 ITR 79 (SC)  Ship Scrap Traders v. CIT: 251 ITR 806 (Bom)  Orient Longman Ltd V. ITO: 130 ITR 477 (Del.)  CIT V. Ajay Printery (P) Ltd: 58 ITR 811 (Guj.) Applying the aforesaid principle in the assessee’s case, the Ld. AR submitted that the assessee could not have commercially sold “Lean gas” and Processed Natural Gas, without carrying out the above mentioned activities at various stages, inclu…

THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. THE GRAND BHAGWATI BANQUESTS AND HOTELS LTD.,, AHMEDABAD

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

ITA 2528/AHD/2016[2009-10]Status: DisposedITAT Ahmedabad24 May 2018AY 2009-10

Bench: Shri Waseem Ahmed & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No.2528/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2009-10) Dcit, M/S. The Grand बनाम/ Circle – 4(1)(2), Bhagwati Banquets Vs. Ahmedabad. & Hotels Ltd., 301, P Circle, Honest Cross Road, S.C. Highway, Ahmedabad. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 6825 A .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri T. Sankar Sr. D.R. अपीलाथ" ओर से / Appellant By : ""यथ" क" ओर से/Respondent By : Shri S. N. Divatia, A.R.

For Respondent: Shri S. N. Divatia, A.R
Section 143(3)Section 263Section 263(1)

…is also supported by the decision of the Hon’ble Kerala High Court in the case of P.Alikunju, M.A. Nazeer Cashew Industries 166 ITR 804. It would be pertinent to mention here, the observations of the Hon’ble Bombay High Court in the case of Ship Scrap Traders 251 ITR 806 wherein the Hon’ble High Court has observed as under:- “The concept of industrial undertaking need not necessarily be confined to manufacture and production of articles and even in the absence of either of them there could be an industrial undertaking.” 9. In our understanding of the law, this is the reason for which the Hon’ble Kerala High Court…

COMM OF INCOMETAX RAJAHINDRY vs. A.VENKATESWARLU ORS KAKINADA

Appeals are dismissed

ITTA/61/2003HC Telangana21 Jun 2011

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Section 80Section 80H

…d in (2009) 314 ITR 309 wherein the Hon’ble Supreme Court has held as under. “7. We do not agree with the view taken by the Gujarat High Court in the impugned judgment for the following reasons: 8. Firstly, in the case of Ship Scrap Traders v. CIT [2001] 251 ITR 806, the Bombay High Court has analysed the entire ship breaking activity, the articles which emerged from that activity, the various steps which are required to be undertaken for ship breaking activity and, consequently, after placing reliance on the judgment of this Court in NC Budharaja & Co."s case, it has held that the ship breakin…

COMMISSIONER OF INCOME TAX vs. M/S HLS INDIA LTD.

The appeals are dismissed

ITA/194/2005HC Delhi11 May 2011

Bench: Coming To These Legal Issues It Would Be Pertinent, In The Light Of Facts & Circumstances Of These Cases, First Of All To Succinctly Narrate The Genesis Of Instant Prolonged Tax Dispute Between The Revenue & The Assessee.

Section 260Section 32Section 32ASection 80

…s. IBM World Trade Corporation [130 ITR 739 (Bom)] 2. CIT Vs. Datacons (P) Ltd. (1985) 155 ITR 66 3. CIT Vs. Peerless Consultancy Services Pvt. Ltd. [186 ITR 609 (Cal)] 4. CIT Vs. Shaw Wallace and Co. Ltd. [201 ITR 17 (Cal) 5. Ship Scrap Traders Vs. CIT [251 ITR 806 (Bom)] 6. CIT Vs. Emirates Commercial Bank Ltd. [ 262 ITR 55 (Bom)] 7. CIT Vs. Professional Information Systems and Management. [274 ITR 242 (Guj)] 8. CIT Vs. Oracle Software India Ltd. [320 ITR 546 (SC)] ITA Nos. 194/2005, 208/2002 & Ors. Connected Matters Page 14 of 52 17. In the case of I.B.M. World Trad…

COMMISSIONER OF INCOME TAX vs. M/S HLS INDIA LTD.

The appeals are dismissed

ITA - 194 / 2005HC Delhi11 May 2011

Bench: Coming To These Legal Issues It Would Be Pertinent, In The Light Of Facts & Circumstances Of These Cases, First Of All To Succinctly Narrate The Genesis Of Instant Prolonged Tax Dispute Between The Revenue & The Assessee.

Section 260Section 32Section 32ASection 80

…s. IBM World Trade Corporation [130 ITR 739 (Bom)] 2. CIT Vs. Datacons (P) Ltd. (1985) 155 ITR 66 3. CIT Vs. Peerless Consultancy Services Pvt. Ltd. [186 ITR 609 (Cal)] 4. CIT Vs. Shaw Wallace and Co. Ltd. [201 ITR 17 (Cal) 5. Ship Scrap Traders Vs. CIT [251 ITR 806 (Bom)] 6. CIT Vs. Emirates Commercial Bank Ltd. [ 262 ITR 55 (Bom)] 7. CIT Vs. Professional Information Systems and Management. [274 ITR 242 (Guj)] 8. CIT Vs. Oracle Software India Ltd. [320 ITR 546 (SC)] 2011:DHC:2637-DB ITA Nos. 194/2005, 208/2002 & Ors. Connected Matters Page 14 of 52 17. In the case of…

ANSAL HOUSING & CONSTRUCTION LTD vs. C.I.T

ITA/1261/2008HC Delhi30 Oct 2009

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 143(3)Section 260ASection 35

…hin the meaning of Section 54D of the Income-tax Act.” ITA No. 1261/08, 1278/08, 1287/08 & 1402/08 nsk Page 10 of 16 14. Mr. Vohra also referred to the judgment of the Bombay High Court in Ship Scrap Traders v. Commissioner of Income Tax, 251 ITR 806. This case concerns with the deductions under Section 80HHA and 80IA of the Act, which are available to an „industrial undertaking‟ engaged in manufacture or production of an article or a thing. While holding that the assessee would be entitled to deduction under the aforesaid provision as it was engaged in the activity of ship breaking a…

ANSAL HOUSING & CONSTRUCTION LTD vs. C.I.T

Accordingly, these appeals preferred by the assessee are dismissed with costs of Rs

ITA - 1278 / 2008HC Delhi30 Oct 2009
Section 143(3)Section 260ASection 35

…, by the assessee, therefore, can be said to be an "industrial undertaking" within the meaning of Section 54D of the Income-tax Act." 4. Mr. Vohra also referred to the judgment of the Bombay High Court in *Ship Scrap Traders* v. *Commissioner of Income Tax*, 251 ITR 806. This case concerns with the deductions under Section 80HHA and 80IA of the Act, which are available to an *'industrial undertaking'* engaged in manufacture or production of an article or a thing. While holding that the assessee would be entitled to deduction under the aforesaid provision as it was engaged in the activity of ship breaking "The I…

ANSAL HOUSING & CONSTRUCTION LTD vs. C.I.T

Accordingly, these appeals preferred by the assessee are dismissed with costs of Rs

ITA - 1287 / 2008HC Delhi30 Oct 2009
Section 35Section 35DSection 8

…by the assessee, therefore, can be said to be an "industrial undertaking" within the meaning of Section 54D of the Income-tax Act." - 14. Mr. Vohra also referred to the judgment of the Bombay High Court in *Ship Scrap Traders* v. *Commissioner of Income Tax*, 251 ITR 806. This case concerns with the deductions under Section 80HHA and 80IA of the Act, which are available to an *'industrial undertaking'* engaged in manufacture or production of an article or a thing. While holding that the assessee would be entitled to deduction under the aforesaid provision as it was engaged in the activity of ship breaking "The I…

Ansal Housing & Construction Ltd. vs. Commissioner of Income Tax

ITA-1261/2008HC Delhi30 Oct 2009
Section 143(3)Section 260ASection 35

…fore, can be said to be an "industrial undertaking" within the meaning of Section 54D of the Income-tax Act.” 2009:DHC:4558-DB 14. Mr. Vohra also referred to the judgment of the Bombay High Court in Ship Scrap Traders v. Commissioner of Income Tax, 251 ITR 806. This case concerns with the deductions under Section 80HHA and 80IA of the Act, which are available to an „industrial undertaking‟ engaged in manufacture or production of an article or a thing. While holding that the assessee would be entitled to deduction under the aforesaid provision as it was engaged in the activity of ship breaking a…