CiteTEXT
...Commissioner Of Income Tax v. Mahendra Mills . (2000) 3 SCC 615, (2000) 243 ITR 56 in whi...law to claim partial depreciation in respect of block of assets. In Mahendra Mills (2000) 3 SCC 615, (2000) 243 ITR 56...34(1) of the 1961 Act stood omitted w.e.f 1-4-1988. The High Court is also requested to consider whether the judgment of this Court in Mahendra Mills (2000...
...CIT v. Mahendra Mills, [2000] 243 ITR 56 would be applicable to the assessment years after the omission of section 34(1) of the Income-tax Act and rule 5AA of the Incom...in CIT v. Mahendra Mills, [2000] 243 ITR 56 held that depreciation cannot be forced upon the assessee and where assessee had not...of the apex court in CIT v. Mahendra Mills, [2000] 243 ITR 56, which was followed by this court in...
...culled out from the proceeding, deserve to be set out as under.4. The Company (in liquidation) - Mahendra Mills Limited was a sick Company and was in the proceeding before B.I.F.R The...(hereinafter referred to as ‘the SICA’), indicating that Mahendra Mills Limited was likely to become unviable in future and it was just and equitable that the Company should be wound up. The said...praying as under:(a) The Opponent No. 1 Liquidator be directed to hand over to the applicant the following which are lying in Mahendra Mills:(i) 15000 liters of white...
...of the above argument, Mr. Dastur strongly relied upon the decision of the Apex Court in the case of C.I.T v. Mahendra Mills, reported in 243 ITR 56.... Therefore, as per the decision of the Apex Court in the case of Mahendra Mills (supra) unless the first condition is satisfied, that is, unless the assessee has claimed current depreciation, the same...decision of the Apex Court in the case of Mahendra Mills (supra) had the option to claim or not to claim current depreciation and since the assessee in the present case had opted not to claim current...
...revised return ?”2. The assessment year is 1988–89.3. The Supreme Court in the case of CIT v. Mahendra...Mills, [2000] 243 ITR 56, has held that if the revised return filed by the assessee is a valid return and the assessee has withdrawn the claim for depreciation that it had made in the original return...
...SCC 615, (2000) 243 ITR 56]) this Court in CIT v. Mahendra Mills (...Mahendra Mills case (2000) 3 SCC 615, (2000) 243 ITR 56 that whether to claim depreciation or not is the option of the assessees and it cannot...reasoning contained in the said judgment. In addition, he submitted that the very basis of the judgment of this Court in Mahendra Mills Ltd. (2000...
...LIQUIDATOR OF MAHENDRA MILLS LTD
========================================================== Appearance:
MR INDRAVADAN PARMAR(2738) for the PETITIONER(s) No. 1 MR BH..., such as - plant & machinery, building etc. of M/s. Mahendra Mills Ltd. (In liquidation) and interim/ad- hoc/part disbursement made till now to the first charge holder secured creditors and the...the Applicant and other eligible secured creditors, having first charge on assets and property of M/s. Mahendra Mills Ltd. (In liquidation) on ad-hoc basis or otherwise - as the Hon'ble Court may...
...benefit of special deduction under Chapter VI-A, an assessee is free not to claim depreciation in view of the judgment of the Supreme Court in the case of CIT v. Mahendra Mills, reported...Supreme Court in the case of CIT v. Mahendra Mills, reported in 243 ITR Page 56. He contended that in the case of Mahendra Mills (supra), it has been held by the Apex Court now that...Electric Supply Company's case would equally apply to the facts of this case. Mr. R.V Desai further submitted that the judgment of the Supreme Court in the case of Mahendra Mills (supra) had no application...
...ITR 61 and the question No. 2 is covered by the decision of the Supreme Court which is referred to in that question itself (CIT v. Mahendra Mills Ltd. reported in 243...the Appellate Tribunal has based its finding, came up for consideration in the case of CIT v. Mahendra Mills, 243 ITR 56. Identical issue was considered by this Court in the case of...advocates at length and have also perused the order of the Tribunal and judgment delivered in the case of CIT v. Mahendra Mills, 243 ITR 56.In our opinion, no substantial...
...Court in the case of CIT v. Mahendra Mills [2000] 243 ITR 561...DR that the Supreme Court decision in the case of Mahendra Mills (supra) has no applicability to the assessee’s case, which is distinguishable on facts. It is pointed out that in the case of Mahendra...deductions under Chapter VI-A."The CIT DR also pointed out that the Supreme Court decision in the case of Mahendra Mills (supra ) was duly considered by the Bombay High Court and it was...
...
Versus
O.L.OF MAHENDRA MILLS LIMITED
========================================================== Appearance:
APPEARANCE DELETED...the following which are lying in Mahendra Mills:
(i) 15000 litres of white Kerosene.
(ii) Four drums of high speed diesel...by him from the sale of the yarn in Mahendra Mills.
(c) Pending the hearing and final disposal of this application the opponent No.1 Liquidator be restrained...
...the I.T. Act, 1961 (‘the Act’) is retrospective in nature and also in interpreting wrongly the decision of the Hon’ble Supreme Court in the case of Mahendra Mills Ltd. ( 243 ITR 56...Commissioner Of Income-Tax v. Krishna Sahakari Sakhar Karkhana Ltd. [1989] 177 ITR 4432 (Bom.) and CIT v. Mahendra Mills [.... Mahendra Mills [2000] 243 ITR 563. He submitted that the Explanation 5 to section 32 of the Act is not retrospective in nature.2. The ld...
...CIT v. Mahendra Mills, [2000] 243 ITR 56. The returns were the subject...CIT v. Mahendra Mills, [2000] 243 ITR 56 (SC) based on the word “allowed” used in section 32(1)....the Supreme Court in CIT v. Mahendra Mills, [2000] 243 ITR 56 and also of...
...allowed”. The Supreme Court in the case of CIT v. Mahendra Mills, [2000] 243 ITR 56, as set out in the headnote therein, held that...had laid down the law, the law having been laid down in the case of Mahendra Mills, [2000] 243 ITR 56 already referred to. The Supreme Court therein categorically held that the words, “actually allowed...Officer to grant depreciation even if it is not claimed. Though that judgment was not referred to in the case of Mahendra Mills, [2000] 243 ITR...
...judgment of the Supreme Court in Commissioner Of Income Tax v. Mahendra Mills. (2000) 243 ITR 56 (SC) but for the contention taken on behalf of...cumulative conditions by various High Courts, whose judgments were approved by the Supreme Court in Mahendra Mills (supra).
5. It follows that if either of the two conditions is not...by sub-sections (1) and (2) of section 34 has been done away with and that has altered the effect of the judgment in Mahendra Mills (supra). It is difficult to uphold the...
...760 , Mahendra Mills Ltd. v. P.B. Desai, AAC [1975] 99 ITR 135 and...the assessee and in the case of Mahendra Mills Ltd. (supra), the point involved was regarding the opening/closing stock balances of the assessee. In other words, he wanted to impress upon us that in...on the appreciation of peculiar facts obtaining in those cases. In this connection, the following observation made by the Hon'ble Supreme Court in the case of Mahendra Mills Ltd. (supra) is very...
...of the Apex Court in “CIT v. MAHENDRA MILLS/ARUN TEXTILE ‘C’/HUMPHREYS/GLASSGOW CONSULTANTS”, [2000...accepted on the premise that such explanation cannot take away the effect of declaration of law made by the Supreme Court in the case of Mahendra Mills (supra). It was observed that the memorandum...contrary view, then, the one taken by the Apex Court in CIT v. MAHENDRA MILLS/ARUN TEXTILE ‘C’/HUMPHREYS/GLASSGOW CONSULTANTS”.9. In view of the fact...
...vs. Mahendra Mills) and 259 ITR
77 (C.I.T. Vs. Sree Senha Valli Textiles P. Ltd) respectively.
7. In C.I.T. Vs. Mahendra Mills (243...Textiles P. Ltd.). In that case, the Court observed as under,
"The Supreme Court in the case of CIT V. Mahendra Mills (2000...allowed the appeal by setting aside the order of the authorities below. The
Tribunal came to such conclusion following the decision of the Supreme Court
in the case of C.I.T Vs. Mahendra...
...view of the decision of this Court in the case of Commissioner of Income Tax v. Mahendra Mills Ltd. reported in [2011] 334 ITR 254 (Gujarat) wherein this Court has held...decision of the Honble the Supreme Court in the case of Mahendra Mills Ltd. (Supra), the question, which is raised in the present appeals are required to be answered in favour of the assessee. We are not...giving any elaborate reasons for the same as in the case of Mahendra Mills Ltd. (Supra) it is held by this Court that since liability of assessee was contractual which came to be crystallized by...
...depreciation is optional and cannot be thrust upon the assessee. The assessee has relied on the decision of Hon’ble Supreme Court in CIT v. Mahendra Mills [2000] 243 ITR 561...of sections 30 to 43D. The learned Assessing Officer observed that decision of Hon’ble Supreme Court in CIT v. Mahendra Mills’ case (supra) pertained to the pre-amendment law when...thrust upon the assessee in view of the decision of Hon’ble Supreme Court in Mahendra Mills’ case (supra). The Explanation 5 introduced in section 32 is prospective in view of the decision of Hon’ble...