CEPT v. Shri Lakshmi Silk Mills Ltd.

20 ITR 451Supreme Court of India1951#1948 most cited

What is CEPT v. Shri Lakshmi Silk Mills Ltd. authority for?

Income derived from leasing a business asset is considered business income under Section 28 of the Income-tax Act, 1961.

59

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

CEPT v Shri Lakshmi Silk Mills Ltd · 20 ITR 451 SC · Section 28 · business income · leasing hotel · exploiting business asset · rental income · business operations

Issues it is cited on

Judgments citing CEPT v. Shri Lakshmi Silk Mills Ltd.

M/S. Asia Insulated Wires Pvt. Ltd., Kolkata vs. ITO, Ward - 11(2), Kolkata

In the result, appeal of the assessee is allowed

ITA 1361/KOL/2018[2012-13]Status: DisposedITAT Kolkata09 Nov 2018AY 2012-13

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2012-13 M/S. Asia Insulated Wires Pvt. Ltd…………....…………..……………...……..….…….........Appellant No.6A, “Basera Enclave” 6Th Floor Wing 2 Of Orbit City 82, Raja S.C. Mullick Road Kolkata -700 084 [Pan : Aadca 9496 L] Vs. Income Tax Officer, Ward-11(2), Kolkata….……………………….……..……............Respondent Appearances By: Shri Manoj Kataruka, Advocate, Appeared On Behalf Of The Assessee. Shri Saurav Kumar, Addl. Cit, Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 25Th , 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :-

Section 144Section 250

…erives any income by exploitation of commercial assets whether itself or though other agencies, such income should be assessed under the head “business income”. 4.1. Further in the case of Commissioner of Excess Profit Tax vs. Sree Lakshmi Silk Mills Ltd. in 20 ITR 451, it was held as follows:- “If a commercial asset is not capable of being used as such, then its being let out to others does not result in an income which is the income of the business. But an asset which was acquired and used for the purpose of the business does not cease to be a commercial asset of that business as soon as it was temporarily put…

DCIT RG. - 3(1), Mumbai vs. M/S. Gujarat Ambuja Cements Ltd., Mumbai

In the result, appeal filed by the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 4374/MUM/2005[2001-2002]Status: DisposedITAT Mumbai18 Jan 2017AY 2001-2002

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am Gujarat Ambuja Cements Limited, The Dy. Commissioner Of 122, Maker Chambers, Iii, Income-Tax- Range 3(1), फनधभ/ Nariman Point, Aayakar Bhavan, Vs. Mumbai-400021. M K Marg, Mumbai-400020 Dy. Commissioner Of Income- Gujarat Ambuja Cements Tax-Range 3(1), Limited, 122, Maker फनधभ/ Room No.607, 6Th Floor, Chambers, Iii, Nariman Point, Aayakar Bhavan, Mumbai-400021 Vs. M K Marg, Mumbai-400020 स्थधमी रेखध सं./ Pan : Aaacg0569P (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: S/Shri Soumen Adak & HarishFor Respondent: Shri K B Shukla

…104) and hence income arising therefrom in the course of business is assessable a business Income. He relied on the decision in the cases of Plast Ltd Vs CIT (237 ITR 454) (SC). CIT Vs Tirupati Woollen Mills Ltd. (193 ITR 252) (Cal) and Lakshmi Silk Mills Ltd 20 ITR 451(SC). 18. Ld. Counsel submitted that instead of considering Rs. 2,000/- on adhoc basis as expenditure incurred to earn the said income, the actual expenditure incurred to earn the aforesaid income is to be excluded 19. The Ld. Departmental Representative relied on the order of the Ld. CIT(A). 20. We have heard both the parties. In order to verify t…

M/S. Gujarat Ambuja Cements Ltd., Mumbai vs. DCIT RG. 3(1), Mumbai

In the result, appeal filed by the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 3360/MUM/2005[2001-2002]Status: DisposedITAT Mumbai18 Jan 2017AY 2001-2002

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am Gujarat Ambuja Cements Limited, The Dy. Commissioner Of 122, Maker Chambers, Iii, Income-Tax- Range 3(1), फनधभ/ Nariman Point, Aayakar Bhavan, Vs. Mumbai-400021. M K Marg, Mumbai-400020 Dy. Commissioner Of Income- Gujarat Ambuja Cements Tax-Range 3(1), Limited, 122, Maker फनधभ/ Room No.607, 6Th Floor, Chambers, Iii, Nariman Point, Aayakar Bhavan, Mumbai-400021 Vs. M K Marg, Mumbai-400020 स्थधमी रेखध सं./ Pan : Aaacg0569P (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: S/Shri Soumen Adak & HarishFor Respondent: Shri K B Shukla

…104) and hence income arising therefrom in the course of business is assessable a business Income. He relied on the decision in the cases of Plast Ltd Vs CIT (237 ITR 454) (SC). CIT Vs Tirupati Woollen Mills Ltd. (193 ITR 252) (Cal) and Lakshmi Silk Mills Ltd 20 ITR 451(SC). 18. Ld. Counsel submitted that instead of considering Rs. 2,000/- on adhoc basis as expenditure incurred to earn the said income, the actual expenditure incurred to earn the aforesaid income is to be excluded 19. The Ld. Departmental Representative relied on the order of the Ld. CIT(A). 20. We have heard both the parties. In order to verify t…