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Asstt. Commissioner Of Income Tax 1(1), ... vs M/S Jindal Power Ltd,, Raigarh(Cg) on 23 June, 2016
cites
Mysore Kirloskar Ltd. vs The Commissioner Of Income-Tax, ... on 17 April, 1978
In Mysore Kirloskar Ltd.'s case
I.T.A. No.99/BLPR/2012
Assessment year: 2008-09
Page 15 of 19
(supra), Their Lordships have observed that even if the contributions by the
assessee is in the forms of donations, but if it could be termed as expenditure
of the category falling in section 37(1), then the right of the assessee to claim
the whole of it as a deduction under section 37(1) cannot be declined. What is
material in this context is whether or not the expenditure in question was
necessitated by business considerations or not. Once it is found that the
expenditure was dictated by commercial expediencies, the deduction under
section 37(1) cannot be declined.
Section 135 in The Companies Act, 2013 [Entire Act]
Bikaner Gypsums Ltd vs Commissioner Of Income Tax, Rajasthan on 23 October, 1990
), R.J. Trivedi (HUV) vs. CIT 116 ITR
856 (MP), Bikaner Gypsum Ltd. Vs. CIT 187 ITR 39 (SC), Empire Jute
Company.
Continental Construction Ltd vs Commissioner Of Income-Tax, Central-1 on 15 January, 1992
Ltd. Vs. CIT, 124 ITR 1 (SC)."
P. Balakrishnan, Commissioner Of ... vs Travancore Cochin Chemicals Ltd. on 25 October, 1999
The CSR policy of the appellant company includes adoption of more than 42
villages for overall up-gradation, 10+2 co-educational O.P. Jindal School, O.P.
Jindal Institute of Technology having state-of-the-art infrastructure, spread over
25 acres and AICTE affiliated, O.P. Jindal Institute of Power Technology - CEA
affiliated, diploma courses to be started from September 2008. Other initiatives
include adoption of various government run ITIs in Chhattisgarh, Multi-specialty
O.P. Jindal Hospital & Research Centre. The expenses incurred on water supply
for perennial availability of portable water, roads and culverts, toilets and others,
water tanks, other community works, temple renovation, school building
renovation etc. in the villages for up-gradation are part of implementation of CSR
policies of the company. The expenses were made for the welfare of the
employees as well. Similar expenses on community development and welfare of
employees were allowed as admissible expenses by the Hon'ble ITAT Nagpur
Bench, Nagpur in the case of SECL [Reported in 85 ITD 608 (Nag.)]. The
expenditure on construction of school building, contribution to school, etc. have
been held as admissible business expenditure in the case of CIT Vs. Travencore
Cochine Chemicals Ltd. 243 ITR 284 (Ker.
Palani Andavar Mills Ltd. vs Commissioner Of Income-Tax on 29 July, 1974
), Palani Andavar Mills Vs. CIT 110
ITR 284 (Ker.
Additional Commissioner Of Income Tax vs Rajasthan Spinning And Weaving Mills ... on 15 October, 2003
), CIT Vs.
Rajasthan Spinning & Weaving Mills Ltd. 281 ITR 408 (Raj.), Bhatar Heavy
Electrical Ltd. Vs. DCIT 98 TTJ 565 (Del.
Simbhaoli Sugar Mills Ltd. vs Asstt. Cit, Range-1 on 11 May, 2007
), Simbholi Sugar Mills Ltd. Vs. CIT
45 ITR 125, etc.. Similarly, construction of roads and culverts for providing easier
access for its workman and movement of goods are admissible expenditure u/s
37 of the Act.
L. B. Sugar Factory & Oil Mills (P) Ltd. ... vs C.I.T. U.P., Lucknow on 26 August, 1980
), Sugar Factory & Oil Mills Pvt. Ltd. Vs. CIT (1980) 125 ITR 293 (SC),
etc.].