CIT v. Lakshmi Machine Works

290 ITR 667Supreme Court of India2007#605 most cited

What is CIT v. Lakshmi Machine Works authority for?

Excise duty collected by the assessee as an agent on behalf of the government is not includible in the total turnover for the purpose of computing deduction under section 80HHC.

163

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Lakshmi Machine Works · 290 ITR 667 · section 80HHC · turnover · excise duty · exclusion of excise duty from turnover · calculation of deduction under section 80HHC

Sections most often in play

Section 80HHCSection 143(3)Section 37(1)Section 28(iiid)Section 35DSection 40(a)(i)Section 80IBSection 115JB
Read the full judgment

Issues it is cited on

section 80hhc(3)section 80hhcsection 115jasection 80hhinterest on refundsection 80hsection 28(iv)section 145asection 80ibsection 80iadeduction under section 80iasection 244a

Judgments citing CIT v. Lakshmi Machine Works

ACIT, Ludhiana vs. M/S Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 575/CHANDI/2009[2005-06]Status: DisposedITAT Chandigarh04 May 2018AY 2005-06

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

M/S Vardhman Textiles Ltd., Ludhiana vs. Addl. CIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 528/CHANDI/2009[2005-06]Status: DisposedITAT Chandigarh04 May 2018AY 2005-06

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

ACIT, Ludhiana vs. M/S Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 981/CHANDI/2008[2004-05]Status: DisposedITAT Chandigarh04 May 2018AY 2004-05

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

Vardhman Textiles Ltd., Ludhiana vs. JCIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 938/CHANDI/2008[2004-05]Status: DisposedITAT Chandigarh04 May 2018AY 2004-05

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

ACIT, Ludhiana vs. M/S Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 530/CHANDI/2008[2003-04]Status: DisposedITAT Chandigarh04 May 2018AY 2003-04

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

Vardhman Textile Ltd., Ludhiana vs. ACIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 475/CHANDI/2008[2003-04]Status: DisposedITAT Chandigarh04 May 2018AY 2003-04

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

ACIT, Ludhiana vs. Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 691/CHANDI/2007[2002-03]Status: DisposedITAT Chandigarh04 May 2018AY 2002-03

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

M/S Vardhman Textiles Ltd., Ludhiana vs. ACIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 681/CHANDI/2007[2002-03]Status: DisposedITAT Chandigarh04 May 2018AY 2002-03

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…of the Tribunal in assessee’s own case in ITA No. 212/CHD/2005 for the A.Y. 2001-02. He relied on the decision in the case of Phatla Cotgin Vs. CIT 303 ITR 411(P&H High Court). 10.5 We have gone through the judgment in the case of Laxmi Machine Works (2007), 290 ITR 667 (Supreme Court) and find it squarely applicable to the instant case. The Assessing Officer is directed to re-compute the eligible profits as per the guidelines laid down. 10.6 As a result this ground of appeal raised by the Assessee and of the Revenue are allowed for statistical purposes. 11. Issue No. 6: Allocation of Head Office Expenses: A.…

M/S. Kansai Nerolac Paints Ltd ( Erstwhile Known As Goodlass Nerolac Paints Ltd), Mumbai vs. The DCIT RG 6(3)

In the result, the appeal for the AY 2005-06 is partly allowed

ITA 212/MUM/2008[2004-2005]Status: DisposedITAT Mumbai19 Mar 2018AY 2004-2005

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2004-05 Kansai Nerolac Paints Ltd. Dcit, Range 6(3) (Erstwhile Known As Room No. 576, Vs. Goodlass Nerolac Paints Ltd.) Aayakar Bhavan, M.K. Nerolac House, G.K. Marg, Marg, Lower Parel, Mumbai-400020. Mumbai-400013. Pan No. Aaacg1376N (Appellant) (Respondent) Assessment Year: 2005-06 & Assessment Year: 2006-07 Kansai Nerolac Paints Ltd. Addl. Cit, Range 6(2) (Erstwhile Known As Aayakar Bhavan, M.K. Vs. Goodlass Nerolac Paints Ltd.) Marg, Nerolac House, G.K. Marg, Mumbai-400020. Lower Parel, Mumbai-400013. Pan No. Aaacg1376N (Appellant) (Respondent) Assessee By : Mrs. Arati Vissanji, Ar Revenue By : Ms. Pooja Swaroop, Dr Date Of Hearing : 02/02/2018 Date Of Pronouncement: 19/03/2018

For Appellant: Mrs. Arati Vissanji, ARFor Respondent: Ms. Pooja Swaroop, DR
Section 143(3)

…the reason for this Court to hold that indirect taxes like excise duty which are recovered by the taxpayers for and on behalf of the Government, shall not be included in the total turnover in the above formula—CIT v. Lakshmi Machine Works 2007 (6) Scale 168/ 290 ITR 667 (SC).” 9.5.1 Facts being identical, we follow the ratio laid down in the above decision of the Hon’ble Supreme Court and the order of the Co-ordinate Bench of the Tribunal for the assessment years mentioned at para 9.3 hereinbefore. Thus the 9th ground of appeal is dismissed. 10. In the result, the appeal for the AY 2004-05 is partly allowed. As…

The Commissioner of Income Tax-III vs. Vijaya Electricals Limited

ITTA/310/2006HC Telangana05 Mar 2018

Bench: D.V.S.S.SOMAYAJULU,SANJAY KUMAR

Section 80Section 80H

…as in the present case that sales tax and excise duty being part of the total turnover were not liable to be deducted under Section 80HHC of the Income-tax Act, 1961 (for short, ‘the Act of 1961’). 1 (2007) 290 ITR 667 (SC) 2 As this was the very issue that was settled by the Supreme Court in Lakshmi Machine Works1, the Division Bench affirmed that excise duty and sale tax do not partake the character of turnover and were therefore not includable in the turnover under Section 80HHC(3) of the Act of 1961. In terms of the aforestated order and following…

ACIT 2(3), Mumbai vs. Tech Mahindra ( R &D Services) Ltd (Now Merged With Tech Mahindra Ltd), Mumbai

The appeal of the assessee is allowed

ITA 2392/MUM/2013[2007-08]Status: DisposedITAT Mumbai01 Mar 2018AY 2007-08
For Appellant: S/Shri Kartik Natarajan, H.P. MahajaniFor Respondent: S/Shri Jayant Kumar, Saurabh Deshpande
Section 10ASection 143(3)Section 254(1)

…आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण,मुंबई आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण मुंबई मुंबई “केकेकेके” ” ” ” खंडपीठ मुंबई खंडपीठ खंडपीठ मेमेमेमे खंडपीठ Income-tax Appellate Tribunal “K” Bench Mumbai सव"ी सव"ी राजे"" राजे"", लेखा लेखा सद"य सद"य एवं एवं अमरजीत अमरजीत "सह "सह,, "याियक "याियक सद"य सद"य सव"ी सव"ी राजे"" राजे"" लेखा लेखा सद"य सद"य एवं एवं अमरजीत अमरजीत "सह "सह "याियक "याियक सद"य सद"य Before S/Sh. Rajendra, Accountant Member & Amarjit Singh, Judicial Member आयकर अपील अपील संसंसंसं/.I.T.A. No. 2392/Mum/2013, िनधा"रण िनधा"रण वष" वष" / Assessment Year: 2007-08 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण…

ACIT, Circle-2(2), Hyd, Hyderabad vs. Gvk Biosciences Pvt.Ltd., Hyderabad

In the result, Revenue appeals in AY 2010-11,2011-12 are dismissed and all the other appeals are considered partly allowed for statistical purposes

ITA 740/HYD/2015[2011-12]Status: DisposedITAT Hyderabad10 Jan 2018AY 2011-12

Bench: Shri D. Manmohan & Shri B. Ramakotaiah

For Appellant: Shri V. Siva Kumar, ARFor Respondent: Shri K. Ashok Kumar, DR
Section 10ASection 115JSection 14ASection 80I

…/s. 10A, assessee preferred an appeal before the Ld.CIT(A) and relied on various case law including the definition of ‘Export Turnover’ and ‘Total Turnover’ based on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Lakshmi Machine Works Ltd., [290 ITR 667] (SC). Ld.CIT(A), however, Ld. CIT(A) did not agree stating that the claim does not hold water. 12. After considering the rival contentions, we are of the opinion that this issue is covered by the decision of ITAT in the case of Patni Telecom Solutions (P) Ltd., Vs. ITO [35 Taxmann.com 87] GVK Biosciences Pvt. Ltd., :- 7 -: (HYD) wherein the…

ACIT, Circle-2(2), Hyd, Hyderabad vs. Gvk Biosciences Pvt.Ltd., Hyderabad

In the result, Revenue appeals in AY 2010-11,2011-12 are dismissed and all the other appeals are considered partly allowed for statistical purposes

ITA 739/HYD/2015[2010-11]Status: DisposedITAT Hyderabad10 Jan 2018AY 2010-11

Bench: Shri D. Manmohan & Shri B. Ramakotaiah

For Appellant: Shri V. Siva Kumar, ARFor Respondent: Shri K. Ashok Kumar, DR
Section 10ASection 115JSection 14ASection 80I

…/s. 10A, assessee preferred an appeal before the Ld.CIT(A) and relied on various case law including the definition of ‘Export Turnover’ and ‘Total Turnover’ based on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Lakshmi Machine Works Ltd., [290 ITR 667] (SC). Ld.CIT(A), however, Ld. CIT(A) did not agree stating that the claim does not hold water. 12. After considering the rival contentions, we are of the opinion that this issue is covered by the decision of ITAT in the case of Patni Telecom Solutions (P) Ltd., Vs. ITO [35 Taxmann.com 87] GVK Biosciences Pvt. Ltd., :- 7 -: (HYD) wherein the…

ACIT, Circle-2(2), Hyd, Hyderabad vs. Gvk Biosciences Pvt.Ltd., Hyderabad

In the result, Revenue appeals in AY 2010-11,2011-12 are dismissed and all the other appeals are considered partly allowed for statistical purposes

ITA 738/HYD/2015[2009-10]Status: DisposedITAT Hyderabad10 Jan 2018AY 2009-10

Bench: Shri D. Manmohan & Shri B. Ramakotaiah

For Appellant: Shri V. Siva Kumar, ARFor Respondent: Shri K. Ashok Kumar, DR
Section 10ASection 115JSection 14ASection 80I

…/s. 10A, assessee preferred an appeal before the Ld.CIT(A) and relied on various case law including the definition of ‘Export Turnover’ and ‘Total Turnover’ based on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Lakshmi Machine Works Ltd., [290 ITR 667] (SC). Ld.CIT(A), however, Ld. CIT(A) did not agree stating that the claim does not hold water. 12. After considering the rival contentions, we are of the opinion that this issue is covered by the decision of ITAT in the case of Patni Telecom Solutions (P) Ltd., Vs. ITO [35 Taxmann.com 87] GVK Biosciences Pvt. Ltd., :- 7 -: (HYD) wherein the…

Gvk Biosciences Pvt Ltd, Hyderabad vs. DCIT, Circle-2(2), Hyderabad

In the result, Revenue appeals in AY 2010-11,2011-12 are dismissed and all the other appeals are considered partly allowed for statistical purposes

ITA 707/HYD/2015[2011-12]Status: DisposedITAT Hyderabad10 Jan 2018AY 2011-12

Bench: Shri D. Manmohan & Shri B. Ramakotaiah

For Appellant: Shri V. Siva Kumar, ARFor Respondent: Shri K. Ashok Kumar, DR
Section 10ASection 115JSection 14ASection 80I

…/s. 10A, assessee preferred an appeal before the Ld.CIT(A) and relied on various case law including the definition of ‘Export Turnover’ and ‘Total Turnover’ based on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Lakshmi Machine Works Ltd., [290 ITR 667] (SC). Ld.CIT(A), however, Ld. CIT(A) did not agree stating that the claim does not hold water. 12. After considering the rival contentions, we are of the opinion that this issue is covered by the decision of ITAT in the case of Patni Telecom Solutions (P) Ltd., Vs. ITO [35 Taxmann.com 87] GVK Biosciences Pvt. Ltd., :- 7 -: (HYD) wherein the…

Gvk Biosciences Pvt Ltd, Hyderabad vs. ACIT, Circle-2(2), Hyderabad

In the result, Revenue appeals in AY 2010-11,2011-12 are dismissed and all the other appeals are considered partly allowed for statistical purposes

ITA 706/HYD/2015[2010-11]Status: DisposedITAT Hyderabad10 Jan 2018AY 2010-11

Bench: Shri D. Manmohan & Shri B. Ramakotaiah

For Appellant: Shri V. Siva Kumar, ARFor Respondent: Shri K. Ashok Kumar, DR
Section 10ASection 115JSection 14ASection 80I

…/s. 10A, assessee preferred an appeal before the Ld.CIT(A) and relied on various case law including the definition of ‘Export Turnover’ and ‘Total Turnover’ based on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Lakshmi Machine Works Ltd., [290 ITR 667] (SC). Ld.CIT(A), however, Ld. CIT(A) did not agree stating that the claim does not hold water. 12. After considering the rival contentions, we are of the opinion that this issue is covered by the decision of ITAT in the case of Patni Telecom Solutions (P) Ltd., Vs. ITO [35 Taxmann.com 87] GVK Biosciences Pvt. Ltd., :- 7 -: (HYD) wherein the…

Gvk Biosciences Pvt Ltd, Hyderabad vs. DCIT, Circle-2(2), Hyderabad

In the result, Revenue appeals in AY 2010-11,2011-12 are dismissed and all the other appeals are considered partly allowed for statistical purposes

ITA 705/HYD/2015[2009-10]Status: DisposedITAT Hyderabad10 Jan 2018AY 2009-10

Bench: Shri D. Manmohan & Shri B. Ramakotaiah

For Appellant: Shri V. Siva Kumar, ARFor Respondent: Shri K. Ashok Kumar, DR
Section 10ASection 115JSection 14ASection 80I

…/s. 10A, assessee preferred an appeal before the Ld.CIT(A) and relied on various case law including the definition of ‘Export Turnover’ and ‘Total Turnover’ based on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Lakshmi Machine Works Ltd., [290 ITR 667] (SC). Ld.CIT(A), however, Ld. CIT(A) did not agree stating that the claim does not hold water. 12. After considering the rival contentions, we are of the opinion that this issue is covered by the decision of ITAT in the case of Patni Telecom Solutions (P) Ltd., Vs. ITO [35 Taxmann.com 87] GVK Biosciences Pvt. Ltd., :- 7 -: (HYD) wherein the…

The Commissioner of Income Tax-III, Hyderabad vs. M/S. Visakha Industries Limited

ITTA/164/2006HC Telangana02 Jan 2018

Bench: C.V.NAGARJUNA REDDY,M.S.K.JAISWAL

For Appellant: Mr.B.Narasimha SharmaFor Respondent: Mr.A.Sanjay Kishore
Section 80

…answered against the Revenue. The Appeal is, accordingly, dismissed. ______________________ (C.V.Nagarjuna Reddy, J) ___________________ (T.Amarnath Goud, J) Date: 02-01-2018 lur 1 (2007) 290 ITR 667 (SC) CVNR, J & TA, J ITTA.No.164 of 2006 Dt: 02-01-2018 3…

The Commissioner of Income Tax-III, Hyderabad vs. M/S Vst Industires Ltd, Azamabad, Hyderabad

ITTA/160/2006HC Telangana27 Dec 2017

Bench: C.V.NAGARJUNA REDDY,M.S.K.JAISWAL

For Appellant: Mr. B. Narasimha SharmaFor Respondent: Mr. P. Rajendra Reddy
Section 80Section 80H

…issed. __________________________ C.V. NAGARJUNA REDDY, J _________________________ M.S.K. JAISWAL, J 27-12-2017 bnr 1 (2007) 290 ITR 667 (SC) CVNR, J & MSKJ, J ITTA 160/2006 3…

The Commissioner of Income Tax-III vs. M/S.Surana Telecom Ltd

ITTA/159/2006HC Telangana27 Dec 2017

Bench: C.V.NAGARJUNA REDDY,M.S.K.JAISWAL

For Appellant: Mr. B. Narasimha SharmaFor Respondent: Mr. B. Ravindra
Section 80Section 80H

…issed. __________________________ C.V. NAGARJUNA REDDY, J _________________________ M.S.K. JAISWAL, J 27-12-2017 bnr 1 (2007) 290 ITR 667 (SC) CVNR, J & MSKJ, J ITTA 159/2006 3…