What is CIT v. Sterling Foods authority for?

Income eligible for profit-linked deductions under sections like 80-IC or 10B must have a direct nexus to the eligible business activity or be derived from the industrial undertaking itself, and not merely attributable to it or arising from a post-manufacturing event.

How many judgments cite CIT v. Sterling Foods?

311 judgments on BharatTax cite CIT v. Sterling Foods (237 ITR 579), spanning 2007 to 2026.

Which sections of the Income Tax Act does CIT v. Sterling Foods come up under?

It is most often cited in judgments turning on Section 143(3), Section 115JB, Section 80IB, Section 14A, Section 37(1), Section 80IC.

CIT v. Sterling Foods (237 ITR 579)

The Addl. Vapi Range, Vapi vs. M/S. Hamilton Housewares Vt..Ltd., Silvassa

In the result, appeal of the Revenue is dismissed

ITA 1264/AHD/2015[2011-12]Status: DisposedITAT Surat02 Aug 2018AY 2011-12

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No.1264/Ahd/2015/Srt िनधा"रण वष"/Assessment Year : 2011-12 The Assistant Commissioner Of Vs. Hamilton Housewares Pvt. Income Tax, Ltd., Vapi Circle, Vapi. 288/1, Near Dadra Gram Panchayat, Demni Road, Dadra, Silvassa. [Pan: Aabcd 1683 Q] अपीलाथ" Appellant ""यथ"/Respondent Shri A.Gopalakrishnan – Ca िनधा"रती क" ओर से /Assessee By Shri S.R.Meena – Sr.Dr राज"व क" ओर से /Revenue By सुनवाई क" तारीख/ Date Of Hearing: 08.08.2018 उ"ोषणा क" तारीख/Pronouncement On 18.09.2018

Section 143(3)Section 80HSection 80I

…he AO noted that assessee has included the Foreign Exchange Gain of Rs.1,38,851/- shown in Haridwar Unit-1 as income in the profit eligible for deduction u/s.80IC of the Act. The AO placing reliance on the decision in the case of CIT vs. Sterling Foods [1999] 237 ITR 579 (SC) held that Foreign Exchange Gain business is not to from the profits eligible for deduction u/s.80IB of the Act. Since the provisions of section 80HHC and 80IB are akin to 80IC, hence the above decision is squarely applicable. Therefore, the AO excluded the foreign exchange gain of the Rs.1,38,8518/- from the eligible profit for deduction u/s…

DCIT, New Delhi vs. Montage Enterprises (P) Ltd, New Delhi

In the result, the appeal of the assessee is allowed whereas the appeal of the Revenue is dismissed

ITA 556/DEL/2015[2011-12]Status: DisposedITAT Delhi26 Jul 2018AY 2011-12

Bench: : Shri Amit Shukla & Shri L.P. Sahu

For Appellant: 1. On the facts and in the circumstances of the case

Section 115JSection 14ASection 80I

…ting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT ITA No. 6963/Del/2014 & 553/Del/2015 6 reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

M/S. Montage Enterprises Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed whereas the appeal of the Revenue is dismissed

ITA 6963/DEL/2014[2011-12]Status: DisposedITAT Delhi26 Jul 2018AY 2011-12

Bench: : Shri Amit Shukla & Shri L.P. Sahu

For Appellant: 1. On the facts and in the circumstances of the case

Section 115JSection 14ASection 80I

…ting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT ITA No. 6963/Del/2014 & 553/Del/2015 6 reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

The J.K. Trust Bombay, Mumbai vs. CIT (E), Mumbai

The appeal of the assessee is allowed

ITA 3769/MUM/2017[2012-13]Status: DisposedITAT Mumbai25 Jul 2018AY 2012-13

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2012-13 M/S The J. K. Trust Cit (Exemption) Bombay, R. No.617, 6Th Floor, बनाम/ New Hind House, Piramal Chambers, Vs. Narottam Morrjee Marg, Lalbaug, Ballard Estate, Mumbai-400012 Mumbai-400001

Section 11Section 263

…tention to the show-cause notice to point out that the reason given in the notice was that duty drawback could not be considered as profit derived from export activities in view of the Hon’ble Supreme Court judgment in the case of CIT v. Sterling Foods [1999] 237 ITR 579, while the reasons given in the impugned order are quite different for holding the order of assessment to be erroneous. Thus, the impugned order of the Learned CIT cannot be sustained in view of the judgment of the Hon’ble Andhra Pradesh High Court in the case of CIT v. G.K. Kabra [1995] 211 ITR 336, and the decision of the Tribunal in the case o…

Maharashtra Airport Development, Mumbai vs. Pr CIT 3, Mumbai

The appeal of the assessee is allowed

ITA 3741/MUM/2016[2011-12]Status: DisposedITAT Mumbai18 Jul 2018AY 2011-12

Bench: Shri Joginder Singh & Shri Rajesh Kumarassessment Year: 2011-12 M/S Maharashtra Airport Pr. Cit-3, Development Company 612, 6Th Floor, बनाम/ Ltd. Aayakar Bhavan, Vs. 8Th Floor, World Trade M. K. Road, Centre, Tower No.1, Mumbai-400020 Cuffe Parade, Mumbai-400005 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aadcm9623M

Section 148Section 154Section 263Section 80I

…tention to the show-cause notice to point out that the reason given in the notice was that duty drawback could not be considered as profit derived from export activities in view of the Hon’ble Supreme Court judgment in the case of CIT v. Sterling Foods [1999] 237 ITR 579, while the reasons given in the impugned order are quite different for holding the order of assessment to be erroneous. Thus, the impugned order of the Learned CIT cannot be sustained in view of the judgment of the Hon’ble Andhra Pradesh High Court in the case of CIT v. G.K. Kabra [1995] 211 ITR 336, and the decision of the Tribunal in the case o…

DCIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., Delhi

Appeal is dismissed

ITA 4906/DEL/2013[2010-11]Status: DisposedITAT Delhi29 Jun 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Atiq Ahmed, Sr.D.RFor Respondent: Shri Ashwani Kr. Aditya Kr., FCA &

Section 115JSection 143(3)Section 80

…r the year under consideration, by subletting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

DCIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., Delhi

Appeal is dismissed

ITA 475/DEL/2013[2009-10]Status: DisposedITAT Delhi29 Jun 2018AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Atiq Ahmed, Sr.D.RFor Respondent: Shri Ashwani Kr. Aditya Kr., FCA &

Section 115JSection 143(3)Section 80

…r the year under consideration, by subletting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

M/S Montage Enterprises Pvt. Ltd., New Delhi vs. ACIT, New Delhi

Appeal is dismissed

ITA 4426/DEL/2013[2010-11]Status: DisposedITAT Delhi29 Jun 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Atiq Ahmed, Sr.D.RFor Respondent: Shri Ashwani Kr. Aditya Kr., FCA &

Section 115JSection 143(3)Section 80

…r the year under consideration, by subletting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

ACIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., New Delhi

Appeal is dismissed

ITA 92/DEL/2012[2008-09]Status: DisposedITAT Delhi29 Jun 2018AY 2008-09

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Atiq Ahmed, Sr.D.RFor Respondent: Shri Ashwani Kr. Aditya Kr., FCA &

Section 115JSection 143(3)Section 80

…r the year under consideration, by subletting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

Montage Enterprises Pvt. Ltd., New Delhi vs. DCIT, New Delhi

Appeal is dismissed

ITA 5124/DEL/2011[2008-09]Status: DisposedITAT Delhi29 Jun 2018AY 2008-09

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Atiq Ahmed, Sr.D.RFor Respondent: Shri Ashwani Kr. Aditya Kr., FCA &

Section 115JSection 143(3)Section 80

…r the year under consideration, by subletting the technical know-how to an outside party. 5.3. Hon’ble Bombay High Court in the case of Zandhu Pharmaceuticals Works Ltd vs. CIT reported in 259 CTR 253 observed as under: “In CIT vs. Sterling Foods, reported in 237 ITR 579, the Hon’ble Supreme Court had considered a similar issue under section 80 ITIIC of the act: whether, on the facts and in circumstances of the case, the tribunal was justified in law in holding that the received from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under s…

Sulphur Mills Ltd, Mumbai vs. Addl CIT RG 8(3), Mumbai

In the result, appeal of the assessee is allowed for statistical purposes

ITA 22/MUM/2014[2010-11]Status: DisposedITAT Mumbai28 Jun 2018AY 2010-11

Bench: Shri C.N. Prasad & Shri Rajesh Kumarassessment Year: 2010-11

For Appellant: Smt. M.K. Patel, A.R. &For Respondent: Shri V. Justin, D.R

Section 10BSection 115PSection 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER Assessment Year: 2010-11 M/s. Sulphur Mills Ltd., Addl. CIT Range (3), 2nd Floor, 604/605, 349-Business Point, Aayakar Bhavan, 6th Floor, Western Vs. M.K. Road, Express Highway, Mumbai - 400020 Andheri (E), Mumbai – 400 069 PAN: AABCS8736K (Appellant) (Respondent) Present for: Assessee by : Smt. M.K. Patel, A.R. & Shri K.S. Chokshi, A.R. Revenue by : Shri V. Justin, D.R. Date of Hearing : 26.06.2018 Date of Pronouncement : 28.06.2018 O R D E R Per Rajesh Kumar, A…

DCIT, Cir.7(1)(1), Mumbai vs. Gala Precision Technology Pvt. Ltd., Thane

In the result, appeal of the Revenue is dismissed

ITA 2675/MUM/2016[2011-12]Status: DisposedITAT Mumbai20 Jun 2018AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Bleasst. Commissioner Of Income-Tax, V. M/S. Gala Precision Technology Pvt. Ltd. Circle – 7(1)(1), Room No. 23, 102-A, Orion Business Park, Near Cine Ground Floor, Aayakar Bhavan, Wonder, Ghodbunder Road, Thane (W) M.K.Road, Mumbai-400 020 Pan No: Aaacg 1777 F

For Appellant: Shri Vijay MehtaFor Respondent: Shri V. Vidhyadhar

Section 10BSection 143(3)Section 80H

…for the benefit available under section 10B of the Act as it was derived from the 100% export-oriented unit. The relevant portion of the order of the Hon'ble High Court is extracted herewith. "10. The Apex Court in the case of the CIT v. Sterling Foods [1999] 237 ITR 579 / 104 Taxman 204 (SC) while dealing with the deductions under section 80HH explained the meaning of the word "derived from" held as under: The use of the word "derived from" suggests that the original sources of the product has to be found. As a matter of plain English, when it is said that one word is derived from another, often in another langu…

Express Infrastructure Pvt. Ltd., Chennai vs. DCIT, Chennai

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

ITA 930/CHNY/2017[2009-10]Status: DisposedITAT Chennai18 Jun 2018AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.930/Chny/2017 "नधा"रण वष"/Assessment Year:2009-10 M/S. Express Infrastructures Pvt. Ltd., The Deputy Commissioner Of Express Estates, No. 2, Club House Vs. Income Tax, Road, Mount Road, Chennai 600 002. Company Circle Ii(1), [Pan: Aabce5521G] Chennai. (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri G. Baskar, Advocate ""यथ" क" ओर से/Respondent By : Ms. Sandhya Rani, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 03.05.2018 घोषणा क" तार"ख /Date Of Pronouncement : 13.06.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai Dated 30.12.2016 Relevant To The Assessment Year 2009-10. The Only Effective Ground Raised In The Appeal Of The Assessee Is That The Ld. Cit(A) Has Erred In Holding That The Interest Receipt Of ₹.62,77,671/- Is Income & Is To Be Assessed As Income From Other Sources.

For Appellant: Shri G. Baskar, AdvocateFor Respondent: Ms. Sandhya Rani, JCIT

Section 143(3)

…आयकर अपील"य अ"धकरण, “बी” "यायपीठ, चे"नई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी ए. मोहन अलंकामणी, लेखा सद"य एवं "ी धु"वु" आर.एल रे"डी, "या"यक सद"य के सम" Before Shri A. Mohan Alankamony, Accountant Member & Shri Duvvuru RL Reddy, Judicial Member आयकर अपील सं./I.T.A.No.930/Chny/2017 "नधा"रण वष"/Assessment Year:2009-10 M/s. Express Infrastructures Pvt. Ltd., The Deputy Commissioner of Express Estates, No. 2, Club House Vs. Income Tax, Road, Mount Road, Chennai 600 002. Company Circle II(1), [PAN: AABCE5521G] Chennai. (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant by : Shri G…

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

In the result, appeals of Revenue and the Cross Objections by the assessee are partly allowed

ITA 736/PUN/2017[2009-10]Status: DisposedITAT Pune31 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita Nos.733 To 736/Pun/2017 यििाारण वषा / Assessment Years : 2004-05 To 2006-07 & 2009-10

For Appellant: M.K. KulkarniFor Respondent: Dr. Vivek Aggarwal

Section 143(3)Section 80I

…eration energy, it was entitled to the deduction under section 80IA of the Act. Relying on the ratio laid down by the Hon‟ble Supreme Court in Pandian Chemicals Ltd. Vs. CIT (2003) 262 ITR 278 (SC) and also the ratio laid down in CIT Vs. Sterling Foods (1999) 237 ITR 579 (SC), the Assessing Officer observed that for claiming the benefit under section 80-I / 80-IA, there should be direct nexus between the undertaking and the related income. Further, words which were earlier used i.e. „attributable to‟, have been replaced with the word „derived from‟ and in view of the definition, the sales tax benefit availed by t…

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

In the result, appeals of Revenue and the Cross Objections by the assessee are partly allowed

ITA 735/PUN/2017[2006-07]Status: DisposedITAT Pune31 May 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita Nos.733 To 736/Pun/2017 यििाारण वषा / Assessment Years : 2004-05 To 2006-07 & 2009-10

For Appellant: M.K. KulkarniFor Respondent: Dr. Vivek Aggarwal

Section 143(3)Section 80I

…eration energy, it was entitled to the deduction under section 80IA of the Act. Relying on the ratio laid down by the Hon‟ble Supreme Court in Pandian Chemicals Ltd. Vs. CIT (2003) 262 ITR 278 (SC) and also the ratio laid down in CIT Vs. Sterling Foods (1999) 237 ITR 579 (SC), the Assessing Officer observed that for claiming the benefit under section 80-I / 80-IA, there should be direct nexus between the undertaking and the related income. Further, words which were earlier used i.e. „attributable to‟, have been replaced with the word „derived from‟ and in view of the definition, the sales tax benefit availed by t…

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

In the result, appeals of Revenue and the Cross Objections by the assessee are partly allowed

ITA 734/PUN/2017[2005-06]Status: DisposedITAT Pune31 May 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita Nos.733 To 736/Pun/2017 यििाारण वषा / Assessment Years : 2004-05 To 2006-07 & 2009-10

For Appellant: M.K. KulkarniFor Respondent: Dr. Vivek Aggarwal

Section 143(3)Section 80I

…eration energy, it was entitled to the deduction under section 80IA of the Act. Relying on the ratio laid down by the Hon‟ble Supreme Court in Pandian Chemicals Ltd. Vs. CIT (2003) 262 ITR 278 (SC) and also the ratio laid down in CIT Vs. Sterling Foods (1999) 237 ITR 579 (SC), the Assessing Officer observed that for claiming the benefit under section 80-I / 80-IA, there should be direct nexus between the undertaking and the related income. Further, words which were earlier used i.e. „attributable to‟, have been replaced with the word „derived from‟ and in view of the definition, the sales tax benefit availed by t…

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

In the result, appeals of Revenue and the Cross Objections by the assessee are partly allowed

ITA 733/PUN/2017[2004-05]Status: DisposedITAT Pune31 May 2018AY 2004-05

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita Nos.733 To 736/Pun/2017 यििाारण वषा / Assessment Years : 2004-05 To 2006-07 & 2009-10

For Appellant: M.K. KulkarniFor Respondent: Dr. Vivek Aggarwal

Section 143(3)Section 80I

…eration energy, it was entitled to the deduction under section 80IA of the Act. Relying on the ratio laid down by the Hon‟ble Supreme Court in Pandian Chemicals Ltd. Vs. CIT (2003) 262 ITR 278 (SC) and also the ratio laid down in CIT Vs. Sterling Foods (1999) 237 ITR 579 (SC), the Assessing Officer observed that for claiming the benefit under section 80-I / 80-IA, there should be direct nexus between the undertaking and the related income. Further, words which were earlier used i.e. „attributable to‟, have been replaced with the word „derived from‟ and in view of the definition, the sales tax benefit availed by t…

M/S. Kashmir Tubes, Jammu vs. The Dy.Commissioner of Income-Tax, Jammu

In the result, the assessee’s appeals are allowed

ITA 198/ASR/2014[2003-04]Status: DisposedITAT Amritsar31 May 2018AY 2003-04

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. Nos. 198 & 199/(Asr)/2014 Assessment Years: 2003-04 & 2004-05

For Appellant: Sh. Tarun Bansal (Adv.)For Respondent: Sh. Rajeev Gubgotra (D.R.)

Section 143(3)Section 28Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER I.T.A. Nos. 198 & 199/(Asr)/2014 Assessment Years: 2003-04 & 2004-05 Kashmir Tubes Vs. Deputy Commissioner of Income Bari Brahmana, Jammu Tax Circle-1, Jammu [PAN: AAAFK 9392D] (Appellant) (Respondent) Appellant by : Sh. Tarun Bansal (Adv.) Respondent by: Sh. Rajeev Gubgotra (D.R.) Date of Hearing: 20.03.2018 Date of Pronouncement: 31.05.2018 ORDER Per Sanjay Arora, AM: This is a set of two Appeals by the Assessee raising identical grounds and, thus issues a…

DCIT, Sangrur vs. M/S Padmawati Steel Ltd., Sangrur

In the result, the appeal is treated as partly allowed for statistical purposes

ITA 587/CHANDI/2014[2010-11]Status: DisposedITAT Chandigarh25 May 2018AY 2010-11

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2010-11 The Dcit, Vs. M/S Padmawati Steels Ltd., Circle , Sangrur Road, Dibra, Sangrur Distt.Sangrur Pan No. Aaccp3844Q

For Appellant: Sh. Manjit Singh, Sr.DRFor Respondent: Sh. N.K. Garg, Advocate

Section 80I

…absence of which the said incomes could not be said to be derived from the industrial undertaking, which was a prerequisite for claiming deduction under the said section. The AO referred to the judgment of the Apex Court in the case of CIT Vs. Sterling Foods 237 ITR 579 in this regard. 11. Before the Ld. CIT(A) the assessee contended that there was direct nexus between the aforesaid income and the industrial undertaking of the assessee. To this effect the assessee explained that vis a vis the VAT deferment rebate the facts were that it was liable for payment of VAT on the sales made within the state of Himachal…

Endress + Hauser Flowtec (India) Pvt. Ltd., Aurangabad vs. Joint Commissioner of Income-Tax

In the result, appeal of the assessee is partly allowed for

ITA 996/PUN/2016[2010-11]Status: DisposedITAT Pune23 May 2018AY 2010-11

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.949/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2010-11 वष"

For Appellant: Shri Abhay AvchatFor Respondent: Shri Mukesh Jha, JCIT

Section 10BSection 271(1)(c)

…ncome. The assessee has treated the said income as business income and claimed deduction u/s.10B of the Act. CIT(A) relying on the judgment of Apex Court in the case of Pandian Chemicals Ltd. 262 ITR 278, Liberty India 317 ITR 218 and CIT Vs. Sterling Foods 237 ITR 579 denied the claim of the assessee. 24. Aggrieved with such confirmation, assessee filed the present appeal before the Tribunal. 25. Regarding the issues of claim of deduction u/s.10B of the Act, Ld. Counsel for the assessee filed the following submissions: “The AO has reduced following as income from other sources instead of income from busin…

CIT v. Sterling Foods

What is CIT v. Sterling Foods authority for?

Also referred to as

Also reported as

Sections most often in play

Issues it is cited on

Judgments citing CIT v. Sterling Foods

The Addl. Vapi Range, Vapi vs. M/S. Hamilton Housewares Vt..Ltd., Silvassa

DCIT, New Delhi vs. Montage Enterprises (P) Ltd, New Delhi

M/S. Montage Enterprises Pvt. Ltd., New Delhi vs. ACIT, New Delhi

The J.K. Trust Bombay, Mumbai vs. CIT (E), Mumbai

Maharashtra Airport Development, Mumbai vs. Pr CIT 3, Mumbai

DCIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., Delhi

DCIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., Delhi

M/S Montage Enterprises Pvt. Ltd., New Delhi vs. ACIT, New Delhi

ACIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., New Delhi

Montage Enterprises Pvt. Ltd., New Delhi vs. DCIT, New Delhi

Sulphur Mills Ltd, Mumbai vs. Addl CIT RG 8(3), Mumbai

DCIT, Cir.7(1)(1), Mumbai vs. Gala Precision Technology Pvt. Ltd., Thane

Express Infrastructure Pvt. Ltd., Chennai vs. DCIT, Chennai

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

Assistant Commissioner of Income Tax, Ichalkaranji vs. Parikh Shankarlal Kundanmal, Kolhapur

M/S. Kashmir Tubes, Jammu vs. The Dy.Commissioner of Income-Tax, Jammu

DCIT, Sangrur vs. M/S Padmawati Steel Ltd., Sangrur

Endress + Hauser Flowtec (India) Pvt. Ltd., Aurangabad vs. Joint Commissioner of Income-Tax