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Documents citing Commissioner Of Income-Tax vs Birla Jute And Industries Ltd. ... on 17 January, 2003

M/S Akzo Nobel India Ltd., Kolkata vs Dcit, Cir-10(1), Kolkata, Kolkata on 14 May, 2018

A similar view has been taken by the jurisdictional High Court in CIT Vs Birla Jute & Industries Ltd. supra wherein the Hon'ble Court has examined the phrase "business of manufacture" used in section 32(iia) of the Income Tax Act. Therefore, considering the above facts and the decision cited, it is held that the "Colour Mixing Machines" were plant & machinery of the Assessee and eligible for depreciation at the applicable rate as well as the claim of additional depreciation. Accordingly the disallowance made by the A.O. of the depreciation and additional depreciation of Rs,l,13,51,990/- is held to be not justified and this ground of objection is allowed.
Income Tax Appellate Tribunal - Kolkata Cites 10 - Cited by 0 - Full Document

Babulal Agrawal vs Cit on 30 April, 2004

We had occasion to deal with this question in CIT v. Birla Jute and Industries Ltd. (2003) 260 ITR 55 (Cal), therein we had held that the word 'plant' is defined in section 43(3) of the Act. It is not an exhaustive definition. It is an inclusive definition. It includes any article or object fixed or movable, live or dead, used by a businessman for carrying on his business and it is not necessarily confined to an apparatus which is used for mechanical operation or process or is employed in mechanical or industrial business. The test to be applied for such determination is : does the article fulfil the function of a plant in the assessee's trading activity ? Is it a tool of his trade with which he carries on his business ? If the answer is in the affirmative, it will be a plant."
Madhya Pradesh High Court Cites 14 - Cited by 0 - D Misra - Full Document

M/S. Tamil Nadu Newsprint & Papers Ltd vs Cce, Trichy on 5 September, 2014

7. The Apex Court in Commissioner Vs. Birla Jute & Industries Ltd. (2002 (139) ELT A93), while confirming the earlier views of the Supreme Court and the Larger Bench of the Special Tribunal, held that Modvat credit was admissible of Electrodes and Calibration Gas Mixture (Welding equipment), but not for explosives under erstwhile Rule 57A of the Rules.
Custom, Excise & Service Tax Tribunal Cites 20 - Cited by 10 - Full Document

Chemplast Sanmar vs Cce on 6 July, 2006

2. Both sides submitted that capital goods credit had been denied to the assessee by the lower authorities in respect of the above items for periods prior to 16.3.1995. The benefit was denied in respect of bolts and nuts on the ground that it was not admissible to anything used only for fixing machinery. We find that, as rightly pointed out by learned Counsel, bolts and nuts used for fixing machinery were held to be eligible for capital goods credit under Rule 57Q in the case of Birla Jute & Industries v. CCE 2001 (135) ELT 280 (Tribunal) and that the Tribunal's decision was upheld by the Hon'ble Supreme Court vide Commissioner v. Birla Jute & Industries 2002 (139) ELT A93 (SC).
Customs, Excise and Gold Tribunal - Tamil Nadu Cites 18 - Cited by 0 - Full Document

Commissioner Of Income-Tax vs Shree Gopikishan Industries Pvt. Ltd. on 11 June, 2003

6. We had occasion to deal with this question in CIT v. Birla Jute and Industries Ltd. , therein we had held that the word "plant" is defined in Section 43(3) of the Act. It is not an exhaustive definition. It is an inclusive definition. It includes any article or object fixed or movable, live or dead, used by a businessman for carrying on his business and it is not necessarily confined to an apparatus which is used for mechanical operation or process or is employed in mechanical or industrial business. The test to be applied for such determination is : does the article fulfil the function of a plant in the assessee's trading activity ? Is it a tool of his trade with which he carries on his business ? If the answer is in the affirmative, it will be a plant.
Calcutta High Court Cites 13 - Cited by 9 - D K Seth - Full Document
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