Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax

ITO - 1(1)(3), Mumbai vs. M/S Film Waves Combines P. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed and cross objection filed by the assessee is hereby allowed

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) Ito-1(1)(3) बिधम/ M/S. Film Waves Combines Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. & Cross Objection No.10/Mum/2022 आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Film Waves Combines बिधम/ Ito-1(1)(3) Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf2525Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Achal Sharma (Dr) Assessee By: Shri P.P. Bhandari सुनवाई की तारीख / Date Of Hearing: 28/02/2022 घोषणा की तारीख /Date Of Pronouncement: 29/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 24.09.2020 Passed By The Commissioner Of Income Tax (Appeals)-48, Mumbai [Hereinafter C.O. No.10/Mum/2022 A.Y.2010-11 Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11 In Which The Penalty Levied By The Ao Has Been Ordered To Be Deleted.

…ourt held in the facts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. v. CIT [1957] 31 ITR 28 had laid down the tests to determine a question of law and/or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unless…

ACIT 1 (1)(1), Mumbai vs. M/S Cyrus Investment Pvt Ltd., Mumbai

Appeal is allowed, revenue’s appeal and assessee’s cross objection are dismissed

Bench: Shri Saktijit Dey () & Shri Rajesh Kumar ()

…pted it. Thus, he submitted, the legal expenses having been incurred in respect of assets held as stock-in-trade, are allowable as business expenditure. In support of his contention, he relied upon the following decisions:- 1. Meenakshi Mills Ltd vs CIT(1967) 63 ITR 207(SC) 2. Dalmia Jain & Co Ltd vs CIT (1971) 81 ITR 754 (SC) 3. CIT vs O.P.N. Aunachala Nadar (1983) 141 ITR 620(Mad) 4. CIT vs Airlines Hotel (P) Ltd (2012) 346 ITR 33(Bom) 5 ITA 7853/Mum/2019 111/Mum/2020 CO 80/Mum/2021 5. Hiranandani Akruti JV vs DCIT ITA No.5678/Mum/2015 order dated 3 October, 2017 6. DCIT vs B Kumar Gowda (2017) 396 ITR 386 (Ka…

Cyrus Investments Pvt Ltd., Mumbai vs. Dy CIT RG. 1 (1)(1), Mumbai

Appeal is allowed, revenue’s appeal and assessee’s cross objection are dismissed

Bench: Shri Saktijit Dey () & Shri Rajesh Kumar ()

…pted it. Thus, he submitted, the legal expenses having been incurred in respect of assets held as stock-in-trade, are allowable as business expenditure. In support of his contention, he relied upon the following decisions:- 1. Meenakshi Mills Ltd vs CIT(1967) 63 ITR 207(SC) 2. Dalmia Jain & Co Ltd vs CIT (1971) 81 ITR 754 (SC) 3. CIT vs O.P.N. Aunachala Nadar (1983) 141 ITR 620(Mad) 4. CIT vs Airlines Hotel (P) Ltd (2012) 346 ITR 33(Bom) 5 ITA 7853/Mum/2019 111/Mum/2020 CO 80/Mum/2021 5. Hiranandani Akruti JV vs DCIT ITA No.5678/Mum/2015 order dated 3 October, 2017 6. DCIT vs B Kumar Gowda (2017) 396 ITR 386 (Ka…

DCIT Cen Cir 7(3), Mumbai vs. Macrotech Construction P.Ltd, Mumbai

In the result , both the appeals of the revenue are dismissed

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Vardhvinayak Township Development P. Ltd, Mumbai

In the result, the appeal of Revenue is dismissed

Bench: Shri Pawan Singh & Shri S. Rifaur Rahman

…cts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Home Developers P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Builders P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Designer Construction P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Designer Construction P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Designer Construction P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Estate P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Estate P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Estate P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Home Developers P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Palazzo, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Home Developers P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Estates P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…acts of that case that a question of law does arise. (f) In this case, the issue of reasonable cause is an inference of fact from facts and, therefore, a question of fact. The Supreme Court decision in Sree Meenakshi Mills Ltd. Vs. Commissioner of Income Tax, 31 ITR 28 had laid down the tests to determine a question of law and / or fact. In the above context, the Court observed that when the finding is one of fact, the fact that it itself is an inference from other basic facts, will not alter its character as one of fact. Therefore, the issue of there being reasonable cause or not, is a question of fact and unles…