Taparia Tools Ltd. v. JCIT

372 ITR 605Supreme Court of India2015#223 most cited

What is Taparia Tools Ltd. v. JCIT authority for?

An expenditure does not automatically become capital in nature merely because it results in some enduring benefit for the assessee; it can be treated as revenue expenditure if incurred for genuine business purposes.

343

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2026.

Also referred to as

Taparia Tools Ltd. v. JCIT · 372 ITR 605 · SC · 2015 · section 37(1) · revenue expenditure · capital expenditure · enduring benefit test · deferred revenue expenditure · expenditure disallowance · business expenditure · allowability of expenditure

Also reported as

55 Taxmann.com 361276 CTR 1231 Taxmann 5

Issues it is cited on

Judgments citing Taparia Tools Ltd. v. JCIT

Tanfac Industreis Limited, Chennai vs. ACIT, Chennai

The appeal stands partly allowed for statistical purposes

ITA 545/CHNY/2019[2010-11]Status: DisposedITAT Chennai27 Jun 2023AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.545/Chny/2019 (िनधा*रण वष* / Assessment Year: 2010-11) M/S. Tanfac Industries Ltd. Acit, बनाम 66, (Old No.62 & 63), Oxford Centre Corporate Circle-3(1), Sir Cp Ramasamy Iyer Road, Chennai. / Vs. Chennai-600 018. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaact-2591-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" की ओर से/ Appellant By : Shri R.Vijayaraghavan (Advocate)-Ld.Ar " थ" की ओर से/Respondent By : Shri D.Hema Bhupal (Jcit)- Ld. Sr. Dr

For Appellant: Shri R.Vijayaraghavan (Advocate)-Ld.ARFor Respondent: Shri D.Hema Bhupal (JCIT)- Ld. Sr. DR
Section 143(3)Section 37Section 43B

…ciated that the Appellant's books of accounts are subject to audit and such large expenditure cannot form part of the particular expenditure unless supported by proper document. 3.3 The appellant relies on the Supreme Court's judgment in Taparia Tools Limited 372 ITR 605 wherein the Court held that "when this course of action was permissible in law to the assessee as it was in consonance with the provisions of the Act which permit the assessee to claim the expenditure in the year in which it was incurred, merely because a different treatment was given in the books of account cannot be a factor which would deprive…

DCIT 7(3), Mumbai vs. Wyeth Ltd ( Formerly Known As Wyeth Lederle Ltd), Mumbai

In the result, appeal filed by the revenue is dismissed

ITA 3508/MUM/2010[2004-05]Status: DisposedITAT Mumbai09 Jun 2023AY 2004-05

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Blepfizer Limited V. Acit- Special Range 23 (Earlier Known As Wyeth Lederle Limited) [Now The Dcit-Circle 7(3)] The Capital, G-Block Aayakar Bhavan Bandra Kurla Complex Mumbai- 400020 Bandra (E), Mumbai -400012 Pan: Aaacp3334M (Appellant) (Respondent) Acit- Ltu V. M/S. Wyeth Limited 28Th Floor, Centre - 1 (Formerly Known As Wyeth Lederle Ltd) Rbc Mahindra Towers World Trade Centre 4Th Floor, A- Wing Cuffe Parade, Mumbai Dr G.M. Bhosale Road Worli, Mumbai- 400055 Pan: Aaacw2641Q (Appellant) (Respondent) Assessee Represented By : Shri Vishal Kalra Department Represented By : Smt. Sujatha Iyangar

Section 43(6)Section 80H

…v. CIT [1976] 102 ITR 665 (Mad.) Cases wherein it is held that treatment in the books of accounts is irrelevant for determining the tax allowability of the expense i. Kedarnath Jute Mfg Co. vs CIT: [1971] 82 ITR 363 (SC) ii. Taparia Tools Ltd vs JCIT: [2015] 372 ITR 605 (SC) iii. Coforge Ltd vs ACIT: [2021] 436 ITR 546 (Del) 27. On the other hand, Ld.DR relied on the orders of the Authorities below. 28. Considered the rival submissions and material placed on record, we observe that the assessee has taken land and premises on lease admeasuring 90000 sqmts, which is situated within the industrial complex. They h…

M/S the State Bank of Patiala, Patiala vs. ACIT, Patiala

In the result, the appeals of the assessee are partly allowed for In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 510/CHANDI/2017[2013-14]Status: DisposedITAT Mumbai31 Mar 2023AY 2013-14

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2013-14 & Assessment Year: 2014-15 & Assessment Year: 2015-16 The State Bank Of India Asst. Cit Circle-Patiala, (Successor To State Bank Of Aayakar Bhavan, Vs. Patiala), Patiala-147001 Dgm & Cfo, Sbi, Local Head Office – Chandigarh, 2Nd Floor, Sector 17A, Chandigarh- 160017. Pan No. Aaccs 0143 D Appellant Respondent Assessee By : Mr. Ketan Ved & Mr. Ninadpatade, Ars Revenue By : Dr. Kishor Dhule, Cit-Dr : Date Of Hearing 09/03/2023 Date Of Pronouncement : 31/03/2023

For Appellant: Mr. Ketan Ved &For Respondent: Dr. Kishor Dhule, CIT-DR
Section 2Section 36(1)Section 36(1)(viia)

…as been Court in the case of Taparia Tools Ltd. (supra) has been reversed by the SupremeCourt in the case of Taparia Tools reversed by the SupremeCourt in the case of Taparia Tools reversed by the SupremeCourt in the case of Taparia Tools Ltd. Vs. JCIT [2015] 372 ITR 605 (SC). Ltd. Vs. JCIT [2015] 372 ITR 605 (SC). 114. We noted that this ground of appeal is covered in 114. We noted that this ground of appeal is covered in 114. We noted that this ground of appeal is covered in favour of the ass favour of the assessee vide the aforementioned orders of essee vide the aforementioned orders of the Tribunal and Bombay…

Lifecell International Pvt Ltd., Chennai vs. ACIT, Chennai

In the result, appeal filed by the assessee is dismissed

ITA 3334/CHNY/2019[2016-17]Status: DisposedITAT Chennai04 Jan 2023AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 3334/Chny/2019 िनधा"रण वष" / Assessment Year: 2016-17 M/S. Lifecell International Assistant Commissioner Of Private Ltd., V. Income Tax, No. 26, Vandalur Corporate Circle 4(1), Kelambakkam Main Road, Chennai. Keelakkottaiyur, Chennai. [Pan: Aaeca-7997-B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Ajith Kumar Choradia, Ca ""यथ" क" ओर से/Respondent By : Shri. S. Senthil Kumaran, Cit सुनवाई की तारीख/Date Of Hearing : 23.11.2022 घोषणा की तारीख/Date Of Pronouncement : 04.01.2023 आदेश /O R D E R

For Appellant: Shri. Ajith Kumar Choradia, CAFor Respondent: Shri. S. Senthil Kumaran, CIT

…he judgment of Hon’ble Bombay High Court in the case of Taparia Tools Ltd (supra) was approved by the Hon’ble Supreme Court in the case of Rakesh Shantilal Mardia vs. DCIT, 210 Taxman 565 and affirmed by Supreme Court in the case of CIT vs. Taparia Tools Ltd, 372 ITR 605 by holding as under:- 12. The next question which arises for consideration is as to whether the assessee was estopped from claiming deduction for the entire interest paid in the year in which it was paid merely because it had spread over this interest in its books of account over a period of five years. Here, the submission of learned counsel for…

Gujarat Mineral Development Corporation Ltd., Ahmedabad vs. The Dy.CIT, Circle-4, Now Circle-2(1)(1), Ahmedabad

The appeal of the assessee is partly allowed

ITA 1657/AHD/2015[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…maining amount thereof is hereby confirmed.” 51. The ld.counsel for the assessee contended before us that decision of Hon’ble Bombay High Court in the case of Taparia Tools Ltd. (supra) had been reversed by the Hon’ble Apex Court which was reported in (2015] 372 ITR 605 SC). Copy of the order was placed before us. He further contended that even as per the Ld.CIT(A) no asset had come into existence by virtue of incurring this expenditure therefore it is settled law that in the absence of any asset coming into existence the expenditure cannot be treated as capital in ITA No.1747/A/2009, 1657 and 1471/A/2015 34 na…

The DCIT, Circle-4, Ahmedabad vs. Gujarat Mineral Development Corporation Ltd., Ahmedabad

The appeal of the assessee is partly allowed

ITA 1471/AHD/2015[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…maining amount thereof is hereby confirmed.” 51. The ld.counsel for the assessee contended before us that decision of Hon’ble Bombay High Court in the case of Taparia Tools Ltd. (supra) had been reversed by the Hon’ble Apex Court which was reported in (2015] 372 ITR 605 SC). Copy of the order was placed before us. He further contended that even as per the Ld.CIT(A) no asset had come into existence by virtue of incurring this expenditure therefore it is settled law that in the absence of any asset coming into existence the expenditure cannot be treated as capital in ITA No.1747/A/2009, 1657 and 1471/A/2015 34 na…

Gujarat Mineral Development Corporation Ltd., Ahmedabad vs. The Jt.CIT., Circle-4, Ahmedabad

The appeal of the assessee is partly allowed

ITA 1747/AHD/2009[2005-06]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2005-06

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumar & Asstt.Year: 2005-06 Gujarat Mineral Development Dcit/Jcit, Cir.4 Corporation Ltd. Vs Ahmedabad. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. Asstt.Year: 2005-06 Dcit/Jcit, Cir.4 Gujarat Mineral Development Ahmedabad. Vs Corporation Ltd. “Khanji Bhavan” 132Ft Ring Road University Ground, Ahmedabad. (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, With Shri Bandish Soparkar, Ar & Shri Parin Shah, Ar Revenue By : Shri James Kurian, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 30/08/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/11/2022 आदेश/O R D E R Per Annapurna Guptathe Present Appeals Relate To The Same Assessee, Pertain To The Same Assessment Year & Are Against Orders Passed By The

For Respondent: Shri James Kurian, CIT-DR
Section 143(3)Section 250(6)Section 271(1)(c)

…maining amount thereof is hereby confirmed.” 51. The ld.counsel for the assessee contended before us that decision of Hon’ble Bombay High Court in the case of Taparia Tools Ltd. (supra) had been reversed by the Hon’ble Apex Court which was reported in (2015] 372 ITR 605 SC). Copy of the order was placed before us. He further contended that even as per the Ld.CIT(A) no asset had come into existence by virtue of incurring this expenditure therefore it is settled law that in the absence of any asset coming into existence the expenditure cannot be treated as capital in ITA No.1747/A/2009, 1657 and 1471/A/2015 34 na…