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1 - 10 of 48 (0.27 seconds)Section 37 in The Companies Act, 1956 [Entire Act]
Commissioner Of Income Tax, Bangalore vs Infosys Technologies Ltd on 4 January, 2008
27. The co-ordinate Bench in the matter of CIT &
ANOTHER vs INFOSYS TECHNOLOGIES LIMITED
reported in (2014)360 ITR 174(Kar) while examining the
claim of the assessee to treat the expenditure incurred
by it for installing the traffic signals as business
expenditure under Section 37(1) of the Act, had held " for
purpose of business" used in Section 37(1) of the Act
should not be limited to meaning of earning profit alone
The Companies Act, 1956
Rio Tinto Orissa Mining Pvt. Ltd., ... vs Acit, Corporate Circle-1(2), ... on 13 March, 2019
3.4.2 Respectfully following the above cited decision of the
ITAT - Delhi Bench in the case of Rio Tinto India Pvt. Ltd.,
Vs. ACIT (supra), we uphold the assessee's claim for the
expense of Rs.25 lakhs paid as contribution to FIMI to be
allowed as revenue expenditure incurred in the course and
for the purposes of the assessee's business and
consequently delete the disallowance made by the AO in
this regard. We hold and direct accordingly."
6.7 Respectfully following the aforesaid view, we hold that the
amount paid by assessee to FIMI as contribution is allowable as
revenue expenditure.
The Commissioner Of Income-Tax vs K.M.N.N. Swaminathan Chettiar on 24 April, 1947
Sri Venkata Satyanarayana Rice Mill Contractors Co vs.
CIT (1997) 223 ITR 101 (SC)
CIT vs. Madras Refineries Ltd (2004) 266 ITR 170 (Mad)
CIT 86 Anr vs. Infosys Technologies Ltd, 246 CTR 371
CIT vs. M.N. Swaminathan, 47 DTR 359.
Commissioner Of Income Tax vs Madras Refineries Ltd. on 8 January, 1997
Page 21
ITA Nos. 1964 & 1965/Bang/2018
7.5 Considering the business activity undertaken by assessee, the
roads on which the heavy vehicles are deployed requires periodic
maintenance and repairs. There is no dispute that assessee is the
leaseholder on the land and to extract iron ore from mining lease
areas assessee needs to maintain the road within the leased area,
time and again, due to wear and tear. Such expenditure cannot
be in any form whatsoever be termed as capital in nature. 7.6 The
decision of Hon'ble Karnataka High Court in case of CIT vs. M/s.
Mysore Cements Ltd. (supra) considered identical issue by
observing as under:
K.T.M.T.M. Abdul Kayoom And Anr. vs Commissioner Of Income-Tax on 23 November, 1961
In K. T. M. T. M.
Abdul Kayoom v. CIT . Justice Hidayatullah (as he then
was), speaking for himself and for Kapur J., observed in this
regard (at page 703 of 44 ITR):
Finance Act, 2012
State Pollution Control Board Odisha vs M/S Swastik Ispat Pvt. Ltd. Anr on 9 January, 2014
We note that in NMDC case (supra), Hon'ble Hydrabad
Tribunal followed decision of Hon'ble Kolkatta High Court
in the case of ShyamSel Ltd (supra) and State Pollution
Control Board vs. Swastik Ispat (P) Ltd (supra), wherein
identical types of payments made to remedy the river
pollution caused by the parties were held to be
compensatory in nature. Hence the provisions of
Explanation 1 to sec.37 will not apply to these payments.
We also note that Hon'ble Supreme Court at page 171
observed that, these payments are necessary to be made
by the mining lease holders. Hence there is merit in the
submission of Ld.Counsel that, without making these
payments, assessee could not have resumed the mining
operations. Hence, these expenses are incidental to
carrying on the business and hence allowable u/s 37(1) of
the Act."