Western India Vegetable Products Ltd. v. CIT

26 ITR 151High Court1954#1008 most cited

What is Western India Vegetable Products Ltd. v. CIT authority for?

Revenue expenditure incurred after a business is set up and ready to commence, but before its actual commencement, is allowable as a deduction even if no income is earned in that period. The previous year for a business begins from the date it is set up.

108

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2007 to 2026.

Also referred to as

Western India Vegetable Products Ltd. v. CIT · 26 ITR 151 · Section 10(2) · Section 37(1) Income Tax Act 1961 · setting up of business · commencement of business · revenue expenditure · business deductions · previous year

Sections most often in play

Section 143(2)Section 10(2)Section 142(1)Section 143(3)Section 1961Section 250Section 115JBSection 139(1)

Issues it is cited on

section 10(2)section 57(iii)section 57revenue expendituresection 10income from other sourcesprevious yearcompanyindiabusinesssection 143section 143(3)

Judgments citing Western India Vegetable Products Ltd. v. CIT

VNG AUTOMOTIVE P. LTD. vs. ASSTT. COMMISSIONER OF INCOME

The appeals are disposed of as allowed

ITA-795/2004HC Delhi10 Apr 2026
For Appellant: Mr. Satyen Sethi & Mr. Arta Trana PandaFor Respondent: Mr Abhishek Maratha, SSC, Mr Apoorv
Section 148

…e assessment year. However, in respect of business newly set up, the previous year begins with the date of setting up of business. In support his submission he has relied upon the following judgments:-  Western India Vegetable Products Ltd. v. CIT [1954] 26 ITR 151 (Bom)  Carefour WC & C India (P) Ltd. v. Dy. CIT (2014) 368 ITR 692 (Del) 27. Mr. Sethi submitted that though Revenue expenses are allowed from the date business is set up, capital expenditure incurred prior to commencement of business are amortised under Section 35D of the Act and are allowed 1/10th in ten successive year beginning wit…

ROHAN LANDSCAPE PRIVATE LIMITED,MUMBAI vs. THE PRINCIPLE COMMISSIONER OF INCOME TAX, , MUMBAI

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

ITA 3635/MUM/2025[2020-21]Status: DisposedITAT Mumbai10 Feb 2026AY 2020-21

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

Section 139(1)Section 142(1)Section 143(2)Section 263Section 3

…al precedents to support its contention that earning of business income is not a sine qua non for allowability of business expenditure. The assessee relied, inter alia, on the decision of the Hon’ble Bombay High Court in Western India Vegetable Products Ltd., 26 ITR 151; the Hon’ble Delhi High Court in CIT v. Dhoomketu Builders & Development Pvt. Ltd., the Hon’ble Supreme Court in CIT v. Sarabhai Management Corporation Ltd., and various decisions of the Tribunal to contend that once a business is set up, all expenditure incurred thereafter is allowable, even if no income is 9 Rohan Landscape Private Limited earne…

M/S. REGECY CERAMICS LTD., vs. THE ASST. COMMISSIONER OF INCOME TAX.,

ITTA/528/2012HC Telangana18 Dec 2025

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

For Respondent: Mr Ajay Vohra with Ms Kavita Jha, Mr Vaibhav Kulkarni
Section 3Section 57

…ITA 528/2012 & 529/2012 Page 1 of 12 THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 23.04.2013 + ITA 528/2012 + ITA 529/2012 COMMISSIONER OF INCOME TAX-IV .......Petitioner versus M/S DHOOMKETU BUILDERS & DEVELOPMENT PVT. LTD. .......Respondents Advocates who appeared in this case: For the Petitioner : Mr N. P. Sahni, Sr. Standing Counsel. For the Respondent : Mr Ajay Vohra with Ms Kavita Jha, Mr Vaibhav Kulkarni and Mr Somnath Shukla, Advocates. CORAM:- HON’BLE MR JUSTICE BADAR DURREZ AHMED HON’BLE MR…

DCIT., CIRCLE-1(1), HYDERABAD vs. ARCHEESH HEALTH CARE PRIVATE LIMITED, K V RANGA REDDY

In the result, the appeal filed by the Revenue is dismissed

ITA 124/HYD/2025[2018-19]Status: DisposedITAT Hyderabad14 Nov 2025AY 2018-19

Bench: SHRI G. MANJUNATHA, HON’BLE (Accountant Member), SHRI RAVISH SOOD, HON’BLE (Judicial Member)

Section 250Section 35DSection 37

…iture incurred by the assessee which is revenue in nature between set up of business and commencement of business should be allowed as deduction, as held by the Hon'ble Bombay High Court in the case of M/s. Western India Vegetable Products Ltd. Vs. CIT (1954) 26 ITR 151. A similar view has been taken by the Hon'ble Delhi High Court in the case of Carefour WC & C India (P) Ltd., Vs. DCIT (supra). Since the business of the assessee has been set up and is ready for commencement, the revenue expenditure incurred by the assessee in the ordinary course of its business during the period 13 M/s. Archeesh Health Care Pri…

SHAPOORJI PALLONJI ENERGY (GUJARAT) PRIVATE LIMITED ,MUMBAI vs. INCOME TAX DEPARTMENT, MUMBAI

In the result, the appeal by the assessee is allowed for statistical purposes

ITA 4006/MUM/2024[2017-18]Status: DisposedITAT Mumbai29 Jul 2025AY 2017-18

Bench: Ms. Padmavathy Sshri Sandeep Singh Karhailshapoorji Pallonji Energy (Gujarat) Private Limited, 41/44, Sp Centre, Minoo Desai Marg, Colaba, Mumbai - 400005 ……………. Appellant Pan – Aamcs7570C V/S Dcit, Circle- 3(3)(1), Mumbai ……………. Respondent

For Appellant: Shri Dharmesh ShahFor Respondent: Shri Arun Kanti Datta, CIT(DR)
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 250

…its business of setting up the Thermal Power Project was already set up, and all the expenditure after setting up the business is allowable. 8 12. We find that the Hon’ble Bombay High Court in Western India Vegetable Projects Ltd. vs. CIT, reported in (1954) 26 ITR 151, drawing the fine distinction between “setting up of business” and “commencement of business” held that when a business is established and is ready to commence then it can be said that the business is set up and all expenditure incurred after setting up of the business and before the commencement of the business would be permissible deduction. The…

DCIT, NEW DELHI vs. M/S ARICENT TECHNOLOGIES (HOLDING) PVT. LTD.,, NEW DELHI

The Appeal of the Revenue is dismissed

ITA 1344/DEL/2016[2007-08]Status: DisposedITAT Delhi04 Jun 2025AY 2007-08

Bench: Shri M. Balaganesh & Sh. Yogesh Kumar U.S.Dcit Vs. Aricent Technologies (Holding) Cricle-3(1), R. No. Pvt. Ltd. 380B, 5, Jain Mandir Marg (Annexe) C. R. Building, I. P. Connaught Place Estate, New Delhi New Delhi Pan: Aacck8280B Appellant Respondent

Section 143Section 143(1)Section 143(2)Section 143(3)

…nt thereof. The Courts nave considered the issue as to when a business could be said to have been set up. 10 DCIT Vs. Aricent Technologies (Holding) Pvt. ltd. 15. The Hon'ble High Court of Bombay in the case of Western India Vegetable Products Ltd. Vs. CIT: 26 ITR 151 held as under:- “The important question that has got to be considered is from which date are the expenses of this business to be considered permissible deductions and for that purpose the section that we have got to look to is Section 2(11) and that section defines the "previous year" and for the purpose of a business the previous year begins fro…

BUENO INSTA PIZZA PRIVATE LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6(1)(2), MUMBAI

In the result the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 4280/MUM/2024[2016-17]Status: DisposedITAT Mumbai17 Dec 2024AY 2016-17

Bench: Smt Beena Pillai & Smt Renu Jauhriassessment Year: 2016-17 Bueno Insta Pizza Pvt. Deputy Commissioner Of Ltd. Income Tax Circle 78/9, 2Nd Floor, 6(1)(2) Krishna Vihar, Aaykar Bhavan, Vs. R. A. Kidwal Road, Mumbai- 400020. Wadala, Mumbai- 400031. Pan: Aagcb3987J (Appellant) (Respondent)

For Appellant: Shri Karna ThakerFor Respondent: Shri Anurag Tripathi, SR. A.R
Section 143(2)Section 37(1)

…in support placed reliance on : i. The decision of Delhi High court in case of PCIT vs. Miele India Pvt Ltd reported in (2021) 127 taxmann.com 684 ii. The decision of Bombay High Court in case of Western India Vegetable Product Ltd. Vs CIT reported in (1954) 26 ITR 151 Bueno Insta Pizza Pvt. Ltd.; A. Y.2016-17 iii. The decision of Hon'ble Supreme Court in case of CIT vs. Birla Cootn Spinning And Waving Minerals (1971) 82 ITR 166 iv. The decision of Hon'ble Supreme Court in the case of CIT vs. Sarabahi Sons Ltd reported in (1973) 90 ITR 318. 6.5. The Ld.AR submitted that in all the above decisions the ratio rende…

DCIT-14(1)(1), MUMBAI vs. BNP PARIBAS SECURITIES INDIA PVT. LTD., MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 1404/MUM/2024[2009-10]Status: DisposedITAT Mumbai30 Aug 2024AY 2009-10

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2009-10 Dcit, Circle-14(1)(1), M/S Bnp Paribas Securities India Room No. 432, 4Th Floor, Pvt. Ltd., Aayakar Bhavan, M.K. Road, Vs. 8Th Floor, 1 North Avenue, Maker Mumbai-400020. Maxity Bandra Kurla Complex, Bandra (East)- Mumbai-400051. Pan No. Aadcb 4690 F Appellant Respondent

For Appellant: Mr. Madhur AgarwalFor Respondent: Mr. Ashok Kumar Ambastha, Sr. DR
Section 143(3)Section 35D

…usiness and date of commencement of business. The aforesaid view was and date of commencement of business. The aforesaid view was and date of commencement of business. The aforesaid view was upheld in the case of Western India Vegetable Products v. CIT [1954] 26 ITR 151 in the case of Western India Vegetable Products v. CIT [1954] 26 ITR 151 in the case of Western India Vegetable Products v. CIT [1954] 26 ITR 151 (Bom HC) wherein it was held as under “…… when a (Bom HC) wherein it was held as under “…… when a (Bom HC) wherein it was held as under “…… when a business is M/s BNP Paribas Securities India Pvt. Ltd. M…

M/S. COASTAL ENERGEN PRIVATE LIMITED,EGMORE, CHENNAI vs. DCIT, CORPORATE CIRCLE-1(2), , CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 507/CHNY/2023[2014-15]Status: DisposedITAT Chennai12 Jun 2024AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos. 505, 506 & 507/Chny/2023 िनधा"रण वष" /Assessment Years:2012-2013, 2013-2014 & 2014-2015. M/S. Coastal Energen Private The Assistant Commissioner Of Limited, V. Income Tax No. 5, Buhari Building, Central Circe 1(1) Moores Road, Egmore, Chennai Chennai 600 006. ( Previously The Deputy Commissioner Of Income Tax, Corporate Circle 1(2) Pan: Aadcc 0886G Chennai.) (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri N. Balakrishnan, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 14.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2024 आदेश /O R D E R

For Appellant: Shri B. Ramakrishnan, C.AFor Respondent: Shri N. Balakrishnan, IRS, CIT
Section 143Section 143(3)Section 44A

…Computer Solutions Private Ltd., the joint venture partner on 25th July, 1995 had appointed M/s Mudra Diversified Limited as their Public Relations Consultant for the period 15th August, 1995 onwards. 6A. In Western India Vegetables Products Ltd v. CIT (1954) 26 ITR 151 Bombay High Court has examined the concept and noticed the difference between “commencement” and “setting up” of a business and, inter alia, observed as under:- “The important question that has got to be considered is from which date are the expenses of this business to be considered permissible deductions and for that purpose the section that we…

M/S. COASTAL ENERGEN PRIVATE LIMITED,EGMORE, CHENNAI vs. DCIT, CORPORATE CIRCLE-1(2), , CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 506/CHNY/2023[2013-14]Status: DisposedITAT Chennai12 Jun 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos. 505, 506 & 507/Chny/2023 िनधा"रण वष" /Assessment Years:2012-2013, 2013-2014 & 2014-2015. M/S. Coastal Energen Private The Assistant Commissioner Of Limited, V. Income Tax No. 5, Buhari Building, Central Circe 1(1) Moores Road, Egmore, Chennai Chennai 600 006. ( Previously The Deputy Commissioner Of Income Tax, Corporate Circle 1(2) Pan: Aadcc 0886G Chennai.) (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri N. Balakrishnan, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 14.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2024 आदेश /O R D E R

For Appellant: Shri B. Ramakrishnan, C.AFor Respondent: Shri N. Balakrishnan, IRS, CIT
Section 143Section 143(3)Section 44A

…Computer Solutions Private Ltd., the joint venture partner on 25th July, 1995 had appointed M/s Mudra Diversified Limited as their Public Relations Consultant for the period 15th August, 1995 onwards. 6A. In Western India Vegetables Products Ltd v. CIT (1954) 26 ITR 151 Bombay High Court has examined the concept and noticed the difference between “commencement” and “setting up” of a business and, inter alia, observed as under:- “The important question that has got to be considered is from which date are the expenses of this business to be considered permissible deductions and for that purpose the section that we…

M/S. COASTAL ENERGEN PRIVATE LIMITED,EGMORE, CHENNAI vs. DCIT, CORPORATE CIRCLE-1(2), , CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

ITA 505/CHNY/2023[2012-13]Status: DisposedITAT Chennai12 Jun 2024AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos. 505, 506 & 507/Chny/2023 िनधा"रण वष" /Assessment Years:2012-2013, 2013-2014 & 2014-2015. M/S. Coastal Energen Private The Assistant Commissioner Of Limited, V. Income Tax No. 5, Buhari Building, Central Circe 1(1) Moores Road, Egmore, Chennai Chennai 600 006. ( Previously The Deputy Commissioner Of Income Tax, Corporate Circle 1(2) Pan: Aadcc 0886G Chennai.) (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri N. Balakrishnan, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 14.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2024 आदेश /O R D E R

For Appellant: Shri B. Ramakrishnan, C.AFor Respondent: Shri N. Balakrishnan, IRS, CIT
Section 143Section 143(3)Section 44A

…Computer Solutions Private Ltd., the joint venture partner on 25th July, 1995 had appointed M/s Mudra Diversified Limited as their Public Relations Consultant for the period 15th August, 1995 onwards. 6A. In Western India Vegetables Products Ltd v. CIT (1954) 26 ITR 151 Bombay High Court has examined the concept and noticed the difference between “commencement” and “setting up” of a business and, inter alia, observed as under:- “The important question that has got to be considered is from which date are the expenses of this business to be considered permissible deductions and for that purpose the section that we…

RENAULT NISSAN AUTOMOTIVE INDIA PRIVATE LIMITED,KANCHEEPURAM vs. DCIT, CORPOATE CIRCLE-5(3), CHENNAI

The appeal stand partly allowed

ITA 206/CHNY/2018[2010-11]Status: DisposedITAT Chennai03 Jun 2024AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.206/Chny/2018 (िनधा*रणवष* / Assessment Year: 2010-11) M/S.Renault Nissan Automotive India Dcit Private Limited Company Circle-V(3), बनाम Plot No.1, Sipcot Industrial Park, Chennai. / Vs. Oragadam, Mattur Post, Sriperumbudur-602 015. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aadcr-7965-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri N.V.Balaji (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri V.Nandakumar (Cit) -Ld.Dr सुनवाईकीतारीख/Date Of Hearing : 25-04-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R

For Appellant: Shri N.V.Balaji (Advocate)-Ld.ARFor Respondent: Shri V.Nandakumar (CIT) -Ld.DR
Section 143(3)Section 250

…the business is set-up, the expenditure would be allowable notwithstanding the fact that no business income was earned by the assessee during the year. 6. As per the decision of Hon’ble Bombay High Court in the case of Western India Vegetable Products v. CIT 26 ITR 151 (Bom.),what is to be considered is the set-up of the business and not the commencement of business. Quite clearly, the two-term ‘setting-up’ and ‘commencement of business’ carries different connotations. What is to be seen is whether the business is set-up or not whereas actual commencement of business may or may not happen. Once the business is h…

M/S MONK AKARSHALA PRIVATE LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), MUMBAI

ITA 4151/MUM/2023[2012-13]Status: DisposedITAT Mumbai03 May 2024AY 2012-13

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Sunil Kumar Singh, Hon'Blem/S. Monk Akarshala Private Limited V. Dcit – Circle – 2(2)(1) 4116 Oberoi Garden Estate Room No. 545 Chandivli Vlg Farm Road Aayakar Bhavan, M.K. Road Near Chandivli Studio, Saki Naka Mumbai - 400020 Mumbai City - 400072 Pan: Aagcm4703K (Appellant) (Respondent) Assessee Represented By : Shri Ajay Wadhwa & Ms. Manasi Vyas Department Represented By : Smt Mahita Nair

Section 234B

…ged professional services for registration of Trademarks, Graphic Designs and Webhosting etc., It would be pertinent to refer to the decision of the Hon’ble Jurisdictional High Court of Bombay in the case of The Western India Vegetables Products Ltd., v. CIT [26 ITR 151], wherein Hon’ble High Court as clearly laid down the principle that “there is a distinction and a clear distinction between the person commencing a business and a person setting up a business, and that for the purposes of the Indian Law what we have to consider is the setting up of a business and not the commencement of a business.” Further, the…

ACIT, CIRCLE-5(2), NEW DELHI vs. CAPRICORN IDENTITY SERVICES PVT. LTD., NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 7420/DEL/2019[2016-17]Status: DisposedITAT Delhi09 Jun 2023AY 2016-17

Bench: Shri Chandra Mohan Garg & Shri M. Balaganeshassessment Year: 2016-17 The Acit, Circle 5(2), New Delhi M/S. Capricorn Identity Services P. Ltd, G-5, Vikas Deep Building, Plot No. 18, Vs. Lama Nagar, District Centre, Vikas Marg, New Delhi 110092 (Appellant) (Respondent) For Revenue : Ms. Maimun Alam, Sr. Dr For Assessee : Shri Mukesh Jain, Ca Shri Sahil Gupta, Ca Shri Samyak Jain, Adv. Date Of Hearing : 25.04.2023 Date Of Pronouncement : 09.06.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-2, New Delhi Dated 10.05.2019 For Ay 2016-17. 2. The Grounds Of Appeal Raised By The Revenue Are As Follows:- 1. On The Facts & In The Circumstances, The Ld. Cit(A) Has Erred In Deleting The Disallowance Made By The Ao Without Considering The Facts That The Business Activities Of The Assessee Company Had Not Commended During Ay 2016-17. 2. On The Facts & In The Circumstances, The Ld. Cit(A) Has Erred In Deleting The Disallowance Made By The A.O. Without Considering The Facts That The Assessee Has To Amortize Expenses Made Before The Commencement Of Business As Per The Provisions Of Section 35D Of The Act. 3. On The Facts & In The Circumstances The Ld. Cit(A) Has Erred In Deleting The Disallowance Made By The A.O. On Account Of Expenses Not Being Revenue In Nature.

For Appellant: Shri Mukesh Jain, CAFor Respondent: Ms. Maimun Alam, Sr. DR
Section 35D

…authorize representative submitted that the ld. CIT(A), after considering the entire facts and circumstances of the case in the right prospective and by relying judgment of Hon’ble Bombay High Court in the case of Western India Vegetable Products Ltd. vs. CIT 26 ITR 151 and judgment of Hon’ble jurisdictional High Court of Delhi in the case of Carefour Wc & C Pvt. Ltd. vs. DCIT order dated 22.09.2014 rightly granted relief to the assessee by observing that the appellant has set up business structure and apart from other expenditure has also made huge purchases therefore the entire income earning mechanism was in t…

PRINCETON INFRASTRUCTURE (P) LTD.,NEW DELHI vs. ITO, WARD- 20(4), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 6116/DEL/2017[2013-14]Status: DisposedITAT Delhi31 May 2023AY 2013-14

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

Section 143(2)

…the normal course of business is required to be allowed, after setting up of business irrespective of the fact whether the revenue is not yet earned in view of the decision of the Hon’ble Bombay High Court in the case of Western India Vegetable products Ltd. 26 ITR 151 (Bom.). The action of the assessee in any case is a revenue neutral affair and the revenue is not put to any tax loss per se by such alleged premature claim. 9 13. We further find that the controversy is no longer resintegra and clearly covered by the decision of the co-ordinate Bench of the Tribunal in Sunny Vista Realtors Pt. Ltd. vs ACIT in IT…

KADAVANTHARA BUILDERS PVT LTD,CHENNAI vs. ITO, WARD -4(2), CHENNAI

The appeal of the assessee is partly allowed for statistical purposes

ITA 2485/CHNY/2019[2015-16]Status: DisposedITAT Bangalore12 May 2023AY 2015-16
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL SMC SMC “B’’ BENCH: SMC SMC BENCH: BENCH: BANGALORE BENCH: BANGALORE BANGALORE BANGALORE SHRI SHRI LAXMI PRASAD SAHU SHRI SHRI LAXMI PRASAD SAHU LAXMI PRASAD SAHU, , , , ACCOU LAXMI PRASAD SAHU ACCOU ACCOUNTANT ACCOU TANT TANT MEMBER TANT MEMBER MEMBER MEMBER ITA Nos.2484 & 2485/CHNY/2019 Assessment Year : 2014-15 & 2015-16 M/s. Kadavanthara Builders Pvt. Ltd., The Income-tax Officer, New No.45, 2nd Floor, 2nd Main, 41st Cross, Ward-4(1)(2), 8th Block, Jayanagar,…

KADAVANTHARA BUILDERS PVT LTD,CHENNAI vs. ITO, WARD -4(2), CHENNAI

The appeal of the assessee is partly allowed for statistical purposes

ITA 2484/CHNY/2019[2014-15]Status: DisposedITAT Bangalore12 May 2023AY 2014-15
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL SMC SMC “B’’ BENCH: SMC SMC BENCH: BENCH: BANGALORE BENCH: BANGALORE BANGALORE BANGALORE SHRI SHRI LAXMI PRASAD SAHU SHRI SHRI LAXMI PRASAD SAHU LAXMI PRASAD SAHU, , , , ACCOU LAXMI PRASAD SAHU ACCOU ACCOUNTANT ACCOU TANT TANT MEMBER TANT MEMBER MEMBER MEMBER ITA Nos.2484 & 2485/CHNY/2019 Assessment Year : 2014-15 & 2015-16 M/s. Kadavanthara Builders Pvt. Ltd., The Income-tax Officer, New No.45, 2nd Floor, 2nd Main, 41st Cross, Ward-4(1)(2), 8th Block, Jayanagar,…

DCIT, NEW DELHI vs. M/S. MAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD., NEW DELHI

In the result, the appeal of the revenue is dismissed

ITA 2511/DEL/2017[2012-13]Status: DisposedITAT Delhi03 Mar 2023AY 2012-13

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Anil Bhalla, CAFor Respondent: Sh. Ajay Kumar Arora, Sr. DR
Section 143(3)Section 14ASection 37Section 37(1)

…ccount of the company. Copy of assessment order along with computation of income and audited annual accounts for the year ended 31.3.2010 has been examined by the ld CIT(A). Placing reliance on the following judgments, “1) Western India Vegetable Products Ltd 26 ITR 151 (Bom.) 2) CIT vs Whirlpool of India Ltd. 185 Taxman 387, 3) CIT vs Club Resorts (P) Ltd. 287 ITR 552 (Mad.) 4) Jcdecaux Advertising India Pvt Ltd. 166 TTJ 121 (Del) 5) Interlink Petroleum Ltd. 83 TTJ 274 (Ahd.) 4 Magnum International Trading Company Pvt. Ltd 6) Eitve Funds International India 162 Taxman 1 (Del)” the ld CIT(A) held that revenue e…

M/S QYUKI DIGITAL MEDIA PVT. LTD,MUMBAI vs. DCIT - 3(3)(2), MUMBAI

In the result, the appeal of the assesse is partly allowed

ITA 3499/MUM/2019[2013-14]Status: DisposedITAT Mumbai09 Jan 2023AY 2013-14

Bench: Shri Amarjit Singh & Shri Rahul Chaudharym/S Qyuki Digital Media Vs. Dy. Cit-3(3)(2) Private Limited Aayakar Bhavan, 2Nd Floor, Hari Niwas, Maharishi Karve Road, 30Th Cross Road, Off. Mumbai - 400020 S.V. Road, Bandra (West) Mumbai – 400 050 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaocs4185R Appellant .. Respondent

For Appellant: Prateek Jha &For Respondent: Riddhi Mishra
Section 143(2)

…P a g e | 1 M/s Qyuki Digital Media Pvt. Ltd. Vs. Dy.CIT-3(3)(2) THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER M/s Qyuki Digital Media Vs. Dy. CIT-3(3)(2) Private Limited Aayakar Bhavan, 2nd Floor, Hari Niwas, Maharishi Karve Road, 30th Cross Road, Off. Mumbai - 400020 S.V. Road, Bandra (West) Mumbai – 400 050 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AAOCS4185R Appellant .. Respondent Appellant by : Prateek Jha & Prayag Jha Respondent by : Riddhi Mishra Date of Hearing 24.11.2022 Date of Pronouncement 09.01.2023 आदेश /…

DCIT CIR 6(3)(2), MUMBAI vs. KARJAT GOLF CLUB P.LTD, MUMBAI

In the result, the appeal of the Revenue in ITA

ITA 638/MUM/2016[2010-11]Status: DisposedITAT Pune23 Nov 2022AY 2010-11

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.638/Mum/2016 िनधा"रण वष" / Assessment Year: 2010-11 Dcit, Circle-6(3)(2), Vs. Karjat Golf Club P. Ltd., Mumbai. Tower, 1502 B One India Bulls Centre, 841 Jupier Mills, Off Senapati Bpat Marg, Lower Parel, Mumbai- 400013 Pan : Aadck0915A Appellant Respondent C.O. No.236/Mum/2017 (Arising Out Of Ita No.638/Mum/2016) िनधा"रण वष" / Assessment Year: 2010-11 Karjat Golf Club P. Ltd., Vs. Dcit, Circle-6(3)(2), Tower, 1502 B One India Mumbai. Bulls Centre, 841 Jupier Mills, Off Senapati Bpat Marg, Lower Parel, Mumbai- 400013 Pan : Aadck0915A Appellant Respondent Revenue By : Shri Keyur Patel Assessee By : Shri Vilesh Dalya Date Of Hearing : 15.11.2022 Date Of Pronouncement : 23.11.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Mumbai

For Appellant: Shri Vilesh DalyaFor Respondent: Shri Keyur Patel
Section 143(3)

…Corpn. Ltd., 192 ITR 151 (SC) followed by the Hon’ble Gujarat High Court in the case of Sarabhai Management Corpn. Ltd. vs. CIT, 102 ITR 25 (Guj.) and also followed by the Hon’ble Bombay High Court in the case of Western India Vegetable Products Ltd. vs. CTI, 26 ITR 151 (Bom.). In the present case, the ld. CIT(A) simply discussed the legal principles without adverting to the material facts on record and had not really decided the issue whether the assessee had set-up a business or not, which is a 7 C.O. No.236/MUM/2017 question of facts, which is required to be adjudicated based on the material on record, even wi…

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