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Kumudam Printers Pvt. Ltd. vs Commissioner Of Income-Tax on 21 June, 1996

and Bros.. The actual cost of a cinema theatre includes any payment made to a third party for assistance in preparing plans for the construction, and for securing permits, priorities, import licences and foreign exchange for the materials (Habib Hussein v. CIT [1963] 48 ITR 859 (Bom)), but not ground rent and corporation tax which are payable whether or not the theatre is built (Kapur Sons and Co. v. CIT [1986] 157 ITR 382 (Delhi)).

Assistant Commissioner Of Income ... vs Viacom18 Media Private Limited, Mumbai on 15 October, 2025

Reference can be made to the decision of the Bombay High Court in the case of Commissioner of Income-tax Vs Tata Hydro Electric Power Supply Co. Ltd. (1978) 122 ITR 288 and the Delhi High court's decision in the case of RC Chemical Industries v CIT (1982) 134 ITR 330 Further in the cases of Scientific Engg. House (P) Ltd. v. CIT [1986] 157 ITR 86 (SC) and 6.4 Kapur Sons & Co. v. Commissioner or Income-tax (19851 (DEL) It was held that the term plant could be 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 operations or process or is employed in mechanical or industrial business. In order to qualify as "plant", the article must have some degree of durability. The functions or a plant in the Assessee's trading activity as a tool of his trade with which he carries on his business was considered to be the functional test on which an item could be considered to be a plant.
Income Tax Appellate Tribunal - Mumbai Cites 75 - Cited by 0 - Full Document
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