Travancore Cochin Chemicals Ltd. v. CIT

106 ITR 900Supreme Court of India1977#14669 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2010 to 2023.

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Judgments citing Travancore Cochin Chemicals Ltd. v. CIT

M/S. Tanfac Industreis Ltd., Chennai vs. ACIT, Corporate Circle - 3 (1), Chennai

In the result, the appeal stands dismissed

ITA 719/CHNY/2020[2003-04]Status: DisposedITAT Chennai04 Jan 2023AY 2003-04

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri R.Vijayaraghavan, (Advocate)- Ld. ARFor Respondent: Shri D.Hema Bhupal (JCIT)-Ld. DR

Section 143(3)

…it is revenue or capital in nature. 17. We are of the opinion that the expenditure of the assessee in this case is capital in nature and there is sufficient judicial precedent to support this view in the case of Travancore Cochin Chemicals Ltd. v. CIT [1977] 106 ITR 900 this Court held that expenditure is of a capital nature when it amounts to an enduring advantage for the business and repair is different from bringing a new asset for the business. Further, in Lakshmiji Sugar Mills (P.) Co. v. CIT AIR 1972 SC 159 it has been held by this Court that bringing into existence a new asset or an enduring benefit for t…

Solarfield Energy Private Limited, Mumbai vs. ACIT Circle-2(3)(2), Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed

ITA 755/MUM/2018[2014-15]Status: DisposedITAT Mumbai19 Jul 2019AY 2014-15

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.755/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2014-15) Solarfield Energy Pvt. Ltd. बिधम/ Acit, Circle-2(3)(2) 21, 3Rd Floor, Sethi Mansion Aayakar Bhavan, Maharashi Vs. Kumtha Street, Ballard Karve Marg, Mumbai- Estate, Mumbai-400038. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaocs4380A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Vijay Mehta Revenue By: Shri Chaudhary Arun Kumar Singh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/07/2019 घोषणा की तारीख /Date Of Pronouncement: 19/07/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 18.12.2017 Passed By The Commissioner Of Income Tax (Appeals) -6, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2014- 15. 2. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Vijay MehtaFor Respondent: Shri Chaudhary Arun Kumar

Section 115JSection 143(1)Section 143(2)

…benefit to itself". This decision fully supports the view that the expenditure of the "amount of Rs. 50,000 incurred by the assessee was on revenue account. 6. We must also refer to the decision of this Court in Travancore Cochin Chemicals Ltd. v. CIT [1977] 106 ITR 900 on which strong reliance was placed on behalf of the revenue. The facts of this case are undoubtedly to some extent comparable with the facts of the present case. But ultimately in cases of this kind, where the question is whether a particular expenditure incurred by an 10 A.Y.2014-15 assessee is on capital account or revenue account, the decisi…

Peerless Hotels Limited, Kolkata vs. DCIT, Circle - 8(2), Kolkata

Appeal of the Revenue is dismissed

ITA 2077/KOL/2017[2002-03]Status: DisposedITAT Kolkata17 May 2019AY 2002-03

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2002-03

Section 254

…it is Revenue or capital in nature. 17. We are of the opinion that the expenditure of the assessee in this case is capital in nature and there is sufficient judicial precedent to support this view in the case of Travancore Cochin Chemicals Ltd. v. CIT [1977] 106 ITR 900 this court held that expenditure is of a capital nature when it amounts to an enduring advantage for the business and repair is different from, bringing a new asset for the business. Further, in Lakshmiji Sugar Mills (P) Co. v. CIT AIR 1972 SC 159 it has been held by this court that bringing in respect to existence a new asset or an enduring bene…

DCIT, New Delhi vs. M/S. Ultra International Ltd, New Delhi

Appeal are dismissed

ITA 2609/DEL/2015[2011-12]Status: DisposedITAT Delhi04 Oct 2018AY 2011-12

Bench: Shri R. K. Panda & Ms Suchitra Kambledcit Vs Ultra International Ltd. Circle-27(1), Room No. 193, 304, Avg Bhawan, M-3, C.R. Building Connaught Circus New Delhi New Delhi Aaacu1089Q (Appellant) (Respondent)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 35Section 35(1)Section 35(1)(iv)Section 37Section 37(1)

…d to the factory premises was constructed/repaired, ownership of which remains with government. The Ld. AR submitted that the Assessing Officer has relied upon the judgment of the Hon’ble Supreme court in the case of Travancore Cochin Chemical Ltd vs. CIT(SC) 106 ITR 900, which is distinguishable on fact, as in that case new road was constructed by the assessee securing for it an enduring benefit. In the another case relied upon by the Assessing Officer i.e. L.H. sugar Factory & Oil Mills (P) Ltd. vs. CIT(SC) 125 ITR 293, it has been found that there was nothing to show that the road was in any way advantageous t…

The Commissioner of Income Tax-II vs. Munjal Showa Ltd

Accordingly, they are dismissed without any order as to

ITA/85/2009HC Delhi06 Sept 2010

Section 143(3)

…26] AC 205, Assam Bengal Cement Companies Ltd. v. CIT, [1955] 27 ITR 34, Sitalpur Sugar Works 2010:DHC:4349-DB Ltd. v. CIT, [1963] 49 ITR (SC) 160, Lakshmiji Sugar Mills Co. Ltd. v. CIT, [1971] 82 ITR 376 (SC), Travancore Cochin Chemicals v. CIT, [1977] 106 ITR 900 (SC) and Sun Newspapers Ltd. and Associated Newspapers Ltd. v. Federal Commissioner of Taxation, [1938] 61 CLR 337 and came to hold as follows: “It would, in our opinion, be unrealistic to ignore the rapid advances in research in antibiotic medical microbiology and to attribute a degree of endurability and permanence to the technical know-h…

The Commissioner of Income Tax-II vs. Munjal Showa Ltd

Accordingly, they are dismissed without any order as to

ITA/86/2009HC Delhi06 Sept 2010

Section 143(3)

…26] AC 205, Assam Bengal Cement Companies Ltd. v. CIT, [1955] 27 ITR 34, Sitalpur Sugar Works 2010:DHC:4347-DB Ltd. v. CIT, [1963] 49 ITR (SC) 160, Lakshmiji Sugar Mills Co. Ltd. v. CIT, [1971] 82 ITR 376 (SC), Travancore Cochin Chemicals v. CIT, [1977] 106 ITR 900 (SC) and Sun Newspapers Ltd. and Associated Newspapers Ltd. v. Federal Commissioner of Taxation, [1938] 61 CLR 337 and came to hold as follows: “It would, in our opinion, be unrealistic to ignore the rapid advances in research in antibiotic medical microbiology and to attribute a degree of endurability and permanence to the technical know-h…