CIT v. N.T. Patwardhan

41 ITR 313High Court1961#24888 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 341,375 Indian tax judgments — from 2018 to 2019.

Judgments citing CIT v. N.T. Patwardhan

The ACIT, Kottayam vs. Kerala Forest Development Corporation Ltd, Kottayam

In the result, the appeals filed by the Revenue are dismissed

ITA 441/COCH/2018[2013-14]Status: DisposedITAT Cochin08 May 2019AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)

…ute revenue because by removing the root, the source from which fresh growth of trees is also removed, sale of such trees is capital and not revenue. Further, the Ld. AR relied on the judgment of the Bombay High Court in the case of CIT vs. N.T. Patwardhan (41 ITR 313) wherein it was held that sale of trees with the roots and land on which it stood was a disposal of the capital assets and it is impossible to split up the transaction into two parts and regard a part of it a capital sale and the rest as a sale producing income. In the said case, it was submitted that there were large number of trees which had gr…

The ACIT, Kottayam vs. Kerala Forest Development Corporation Ltd, Kottayam

In the result, the appeals filed by the Revenue are dismissed

ITA 440/COCH/2018[2012-13]Status: DisposedITAT Cochin08 May 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 2(24)

…ute revenue because by removing the root, the source from which fresh growth of trees is also removed, sale of such trees is capital and not revenue. Further, the Ld. AR relied on the judgment of the Bombay High Court in the case of CIT vs. N.T. Patwardhan (41 ITR 313) wherein it was held that sale of trees with the roots and land on which it stood was a disposal of the capital assets and it is impossible to split up the transaction into two parts and regard a part of it a capital sale and the rest as a sale producing income. In the said case, it was submitted that there were large number of trees which had gr…

Dy.C.I.T. 1(2), Raipur (Cg) vs. M/S Rishabh Infrastructure Pvt.Ltd, Raipur

In the result, the appeal filed by the revenue is dismissed

ITA 157/BIL/2014[2011-12]Status: DisposedITAT Raipur23 Oct 2018AY 2011-12

Bench: Sh. R.K. Panda & Ms. Suchitra Kambleassessment Year: 2011-12

Section 165Section 4Section 44A

…oved together with their roots and there was no prospect of regeneration or of any production of a return therefrom, it could well be said that the source ceased to be one which could produce any income. The Bombay High Court in CIT vs. N.T. Patwardhan (1961) 41 ITR 313 (Bom), said that from the point of view of a person engaging himself in the business of sale of trees the capital structure would be not only the land on which the trees stood but also the roots of the trees from which the wood yielded income. If the trees were sold off with the roots the capital structure would be affected. The High Court in the…

CIT v. N.T. Patwardhan (41 ITR 313) — Cited in 3 Judgments | BharatTax