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Commissioner Of Income Tax vs Jodhpur Co-Operative Marketing ... on 21 April, 2004

Hon'ble Tribunal distinguished the decision of Hon'ble Rajasthan High Court in the case of CIT Vs. Jodhpur Co-operative Marketing Society 275 ITR 372 (Raj) stating that in that case the amount was set apart for the shareholders of the society whereas in the present case amount was provided for the benefit of the employees and the contribution made to State Renewal Fund was found allowable u/s 37(1). Respectfully following the decision of ITAT in appellant's own case, addition made by the AO is deleted.
Rajasthan High Court - Jaipur Cites 44 - Cited by 14 - Full Document

M/S Madras Industrial ... vs The Commissioner Of Income Tax,Tamil ... on 4 April, 1997

The judgment relied upon by the assessee of Hon'ble Supreme Court in the matter of Madras Industrial Investment Corporation Ltd. Vs. CIT, 225 ITR 802 is not applicable to the facts and circumstances of the case. However, the judgment of Hon'ble Supreme court in the matter of Enterprising Enterprises (2007) 160 Taman 188 (SC) is squarely applicable to the facts and circumstances of the case and further the said judgment is of later date and, therefore, is required to be followed by the Bench.
Supreme Court of India Cites 16 - Cited by 445 - Full Document

Aditya Minerals Pvt. Ltd. vs Commissioner Of Income Tax, Hyderabad on 5 February, 1998

Hon'ble supreme Court in the matter of Aditya Mineral vs. CIT(1999) 8SSC 97 and also by the judgment of Hon'ble Supreme Court in the matter of Enterprising Enterprises vs. DCIT in the Civil Appeal No. 5655 of 2006 whereby Hon'ble Supreme Court has held that "where the entire amount of lease is paid either at a time or in installment, it would be capital expenditure". Therefore, we are bound by the judgments passed by the Hon'ble Supreme Court. Thus the expenses laid by the assessee for the purposes of getting the mining land and leasehold land, are required to be treated as capital expenditure. The AO is, therefore, directed to treat the amount paid for getting the mining land and leasehold land as capital expenditure. The AO is further directed to give all benefits as a capital expenditure.
Supreme Court of India Cites 3 - Cited by 22 - Full Document
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