Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax

31 ITR 28Supreme Court of India1957#745 most cited

What is Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax authority for?

Expenditure incurred for commercial expediency, even without a direct or immediate benefit but indirectly facilitating business, is deductible as laid out wholly and exclusively for trade. The scope of reference jurisdiction under Section 66 is limited to questions of law, allowing challenges to Tribunal findings of fact only if they are perverse, unreasonable, or lack evidence.

137

judgments rely on this decision, according to BharatTax’s citation analysis of 368,382 Indian tax judgments — from 2000 to 2026.

Also referred to as

Sree Meenakshi Mills Ltd v CIT · 31 ITR 28 · Section 37 · commercial expediency · revenue expenditure · wholly and exclusively for business · Section 66 · question of law · question of fact · Tribunal findings · perversity

Sections most often in play

Section 119Section 12ASection 12A(1)(ac)(iii)Section 37Section 80G(5)Section 80G(5)(iii)Section 12AASection 133(6)

Issues it is cited on

section 52(2)section 119(1)section 66section 80g(5)(iii)section 10(23c)section 260commercial expediencysection 80g(5)section 119registration under section 12asection 80grevenue expenditure

Judgments citing Sree Meenakshi Mills Ltd. v. Commissioner of Income Tax

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

ITA 597/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jan 2020AY 2012-13

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 Hi Rise 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

ITA 3151/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jan 2020AY 2012-13

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 Land 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

ITA 3146/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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 Land 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

ITA 3142/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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 Land 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

ITA 3141/MUM/2017[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

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 Land 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

ITA 3140/MUM/2017[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

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 Finstock P.Ltd, Mumbai

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

ITA 2579/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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 Finstock P.Ltd, Mumbai

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

ITA 2578/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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 Finstock P.Ltd, Mumbai

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

ITA 2577/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

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 Building & 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

ITA 138/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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 Building & 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

ITA 137/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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 Building & 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

ITA 136/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

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

ITA 6617/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 Jan 2020AY 2011-12

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

ITA 6616/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 Jan 2020AY 2011-12

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

ITA 6615/MUM/2016[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

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

ITA 6614/MUM/2016[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

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 Properties Development P. Ltd, Mumbai

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

ITA 6613/MUM/2016[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

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…

ITO, Ward - 2(3), Kolkata vs. M/S. Height Insurance Services Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 2163/KOL/2017[2009-10]Status: DisposedITAT Kolkata22 Jan 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2163/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10)

For Appellant: Shri Radhey Shyam, CITFor Respondent: Shri A.K. Tibrewal, FCA
Section 133Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B”, BENCH KOLKATA BEFORE SHRI S.S.GODARA, JM &DR. A.L.SAINI, AM आयकरअपीलसं./ITA No.2163/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10) ITO, Ward-2(3), Kolkata Vs. M/s Height Insurance Services Ltd. Kamalalaya Centre, 156A, Lenin Sarani, Room-319, 3rd Floor, Kolkata-700013 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AACCH 0943 G (Appellant) .. (Respondent) Appellant by : Shri Radhey Shyam, CIT Respondent by : Shri A.K. Tibrewal, FCA सुनवाईक"तार"ख/ Date of Hearing : 31/10/2019 घोषणाक"तार"ख/Date of Pronouncement : 22/01/2020 आदेश / O R D E R Per Bench: The captioned appeal fil…

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

ITA 2283/CHNY/2018[2014-15]Status: DisposedITAT Chennai25 Sept 2019AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. M. Srinivasa Rao, IRS, CIT
Section 143(3)Section 148

…f the assessee company and the same is allowable as legal expenditure in the light of the decisions of Hon’ble Supreme Court in the case of Dalmial Jain and Co Ltd vs CIT, 81 ITR 754 (SC) and Sree Meenkshi ITA Nos.2280-83 /2018 :- 72 -: Mills Ltd vs. CIT, 63 ITR 207 (SC). The Hon’ble Karnataka High Court in the case of DCIT vs. B.Kumara Gowda, 396 ITR 386 after referring to the above decisions of SC had held as follows:- 13. Before we proceed further, we shall refer to the following judgments cited at the Bar:— (a) In Dalmia Jain & Co., Ltd., it has been observed thus:— "The question for decision is wheth…

ACIT Central Circle, Salem vs. Thriveni Earthmovers Pvt. Ltd., Salem

In the result, the appeal filed by the Revenue in ITA

ITA 2282/CHNY/2018[2013-14]Status: DisposedITAT Chennai25 Sept 2019AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. M. Srinivasa Rao, IRS, CIT
Section 143(3)Section 148

…f the assessee company and the same is allowable as legal expenditure in the light of the decisions of Hon’ble Supreme Court in the case of Dalmial Jain and Co Ltd vs CIT, 81 ITR 754 (SC) and Sree Meenkshi ITA Nos.2280-83 /2018 :- 72 -: Mills Ltd vs. CIT, 63 ITR 207 (SC). The Hon’ble Karnataka High Court in the case of DCIT vs. B.Kumara Gowda, 396 ITR 386 after referring to the above decisions of SC had held as follows:- 13. Before we proceed further, we shall refer to the following judgments cited at the Bar:— (a) In Dalmia Jain & Co., Ltd., it has been observed thus:— "The question for decision is wheth…