Western India Vegetable Products Ltd vs CIT 26 ITR 151 (Bom) 2. CIT v. Sarabhai Management Corporation Ltd.

199 ITR 777High Court1993#15253 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2014 to 2022.

Judgments citing Western India Vegetable Products Ltd vs CIT 26 ITR 151 (Bom) 2. CIT v. Sarabhai Management Corporation Ltd.

DCIT, CHENNAI vs. PVP VENTURES LTD., CHENNAI

In the result, both the appeals filed by the Revenue are dismissed

ITA 2308/CHNY/2014[2004-05]Status: DisposedITAT Chennai22 Feb 2022AY 2004-05

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri M. Rajan, CITFor Respondent: Shri B. Ramakrishnan, FCA

Section 143(3)Section 28

…l estate project on the land parcel of 70 acres. In such facts, the Hon’ble Supreme Court in the case of CIT vs. Sarabhai Management Corporation Ltd., (1991) 192 ITR 151 and the Hon’ble Gujarat High Court in the case of Western India Sea Food (P) Ltd., (1993) 199 ITR 777 has considered the exactly identical facts. The Hon’ble Supreme Court in the case of Sarabhai Management Corporation Ltd., supra, held as under:- 2. Dr. Gauri Shankar, learned Counsel for the Union of India, vehemently contends that the finding arrived at by the Tribunal was a finding of fact. He refers to a number of decisions of this Court as w…

DCIT, CHENNAI vs. PVP VENTURES LTD., CHENNAI

In the result, both the appeals filed by the Revenue are dismissed

ITA 1707/CHNY/2013[2006-07]Status: DisposedITAT Chennai22 Feb 2022AY 2006-07

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri M. Rajan, CITFor Respondent: Shri B. Ramakrishnan, FCA

Section 143(3)Section 28

AMRUTHA POWER PROJECTS PRIVATE LIMITED,HYDERABAD vs. INCOME TAX OFFICER, WARD-1(1), HYDERABAD

In the result, the appeal of the assessee is partly allowed as indicated hereinabove

ITA 1944/HYD/2017[2014-15]Status: DisposedITAT Hyderabad03 Aug 2020AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri A. Mohan Alankamonyassessment Year: 2014-15 Amrutha Power Projects Vs. Income Tax Officer, Private Limited, Ward-1(1), Hyderabad. Hyderabad. Pan: Aaica 5884 B (Appellant) (Respondent) Assessee By: Sri P. Murali Mohan Rao Revenue By: Sri S. Murali Mohan, Dr Date Of Hearing: 22/06/2020 Date Of Pronouncement: 04/08/2020

For Appellant: Sri P. Murali Mohan RaoFor Respondent: Sri S. Murali Mohan, DR

Section 143(3)

…ITR 318 it was held that when the land is purchased and the machinery is installed, raw materials were purchased, it can be said that the business of the assessee is set up. The Hon’ble Gujarat High Court in the case of Western India Sea Products reported in 199 ITR 777 has held that “in Marine Processing Industry, acquisition of Godown in anticipation of arrival of fish can be said that the business of the assessee has been set up”. The Delhi Bench of the Tribunal in the case of Akzo Noble in ITA No. 164/2004 vide order dated 8/8/2008 has held that “where the activities of the assessee company is trading in pa…

DCIT CIR 3(3)(1), MUMBAI vs. SHAPOORJI PALLONJI ROADS P.LTD, MUMBAI

ITA 2490/MUM/2015[2011-12]Status: DisposedITAT Mumbai07 Feb 2017AY 2011-12

Bench: Shri Amit Shukla () & Shri Ashwani Taneja ()

Section 143(3)

…s Account.” The assessee relied upon the following judgements in support of its contention:- 1. Western India Vegetable Products Ltd vs CIT 26 ITR 151 (Bom) 2. CIT vs Sarabhai Management Corporation Ltd 192 ITR 151(SC) 3. Western India Seafood Pvt Ltd (1993) 199 ITR 777 (Guj) It was further submitted that all the above mentioned cases law down that for being entitled to claim expenses, it is not necessary that business should have commenced. It is sufficient if the business has been set up. The assessee’s business was not only set up during Assessment Year 2011- 12, it had also commenced during the said year. 4…

DCIT, NEW DELHI vs. M/S DLF HOMES PANCHKULA PVT. LTD.,, NEW DELHI

In the result appeal of the department is dismissed

ITA 4344/DEL/2012[2009-10]Status: DisposedITAT Delhi14 Oct 2015AY 2009-10

Bench: Sh. N. K. Saini, Am & Sh. C. M. Garg, Jm Ita No. 4344/Del/2012 : Asstt. Year : 2009-10 Dcit, Vs M/S Dlf Homes Panchkula Pvt. Ltd. Circle-10(1), 1-E, Naaz Cinema Complex, New Delhi Jhandewalan Extn., New Delhi (Appellant) (Respondent) Pan No. Aabch8735M Assessee By : Sh. R. S. Singvi, Ca Revenue By: Smt. Parwinder Kaur, Sr. Dr Date Of Hearing : 31.07.2015 Date Of Pronouncement : 14.10.2015 Order Per N.K. Saini, A.M. This Is An Appeal By The Department Against The Order Dated 24.05.2012 Of The Ld. Cit(A)-Xiii, New Delhi.

For Appellant: Sh. R. S. Singvi, CAFor Respondent: Smt. Parwinder Kaur, Sr. DR

Section 4Section 5A

…ter set up of its business were allowable. The reliance was placed on the following case laws: " CIT Vs Sarabhai 192 ITR 151 " Western India Vegetable Products Vs CIT 26 ITR 151 " Prem Vs CIT 108 ITR 654 8 DLF Homes Panchkula Pvt. Ltd. " CIT Vs Western India 199 ITR 777 " CIT Vs Piem Hotel 209 ITR 616 " CIT Vs L G Electronics (India) Ltd. (2006) 282 ITR 545 (Del) " CIT Vs Herbalife International India (P) Ltd. 297 ITR 303 (Del) " CIT Vs Sarabhai Management Corpn. Ltd. (1991) 192 ITR 151 " Whirlpool of India Ltd. Vs JCIT (2008) 19 SOT 593 " CIT Vs Sponge Iron Ltd. 201 ITR 770, 780 (AP) " M/s Club Resorts Pvt. Ltd…

CAREFOUR WC&C INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

ITA/42/2014HC Delhi22 Sept 2014

Section 260ASection 28Section 43D

…Page 11 of 23 (xii) CIT Vs. Samsung India Electronics Limited, 356 ITR 354 (xiii) CIT Vs. Franco Tosi Ingegnaria, 241 ITR 268 (xiv) CIT Vs. Western India Seafood (P) Ltd., 199 ITR 777 (xv) CIT Vs. Saurashtra Cement & Chemicals Industries Ltd., 91 ITR 170 8. On the other hand, Mr. Rohit Madan would support the judgment of the Tribunal and contends that this Court would not like to interfere with the conclusion arrived at by the three authorities. According to him, the main objectives of the assessee company in the M…