Hindustan Lever Ltd. v. CIT

239 ITR 297Supreme Court of India1991#12463 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2010 to 2023.

Judgments citing Hindustan Lever Ltd. v. CIT

Rain Cements Limited, Hyd, Hyderabad vs. DCIT, Circle-3(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 864/HYD/2017[2008-09]Status: DisposedITAT Hyderabad31 May 2023AY 2008-09

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2008-09 M/S. Rain Cements Ltd Vs. Dy. Commissioner Of (Formerly Known As Rain Income Tax, Circle 3 (1) Cii Carbon (India) Ltd Hyderabad Hyderabad Pan:Aabcr8858F (Appellant) (Respondent) Assessee By: Advocate Prathishta Singh & Advocate Deepak Chopra Revenue By: Dr.Rajendra Kumar, Cit-Dr Date Of Hearing: 20/03/2023 Date Of Pronouncement: 31/05/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Final Assessment Order Dated 24.03.2017 Passed U/S 143(3) R.W.S. 144C(5) R.W.S. 260 Of The I.T. Act For The A.Y 2008-09. 2. This Appeal Was Earlier Decided By The Tribunal Vide Order Dated 18.10.2019. Subsequently Vide Ma No.15/Hyd/2020, Dated 23.3.2021, The Tribunal Recalled The Entire Order For Fresh Adjudication. Therefore, This Is A Recalled Matter.

For Appellant: Advocate Prathishta Singh &For Respondent: Dr.Rajendra Kumar, CIT-DR

Section 10BSection 115JSection 143(2)Section 143(3)Section 147Section 148Section 92C

…ted that the question whether any income is derived from the export of any article or thing has been a subject matter of interpretation right up to the Hon'ble Apex Court. He submitted that the Hon'ble Supreme Court in the case of Hindustan Lever Ltd vs. CIT (239 ITR 297) has laid down the principle of first degree which has to be applied to determine whether the income can be eligible for deduction u/s 10B. He submitted that there are a series of decisions where the matter has travelled right upto the Apex Court and it has been held that foreign exchange fluctuation gain, provisions written back and interest inc…

National Housing Bank, New Delhi vs. Addl. CIT, New Delhi

In the result ground No. 8 of the appeal of the assessee is allowed with above direction

ITA 3704/DEL/2010[2007-08]Status: DisposedITAT Delhi14 Feb 2017AY 2007-08

Bench: Shri Kuldip Singh & Shri Prashant Maharishinational Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Lodhi Road, New Delhi Vs. New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) Page 2 Of 50 National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent)

For Appellant: Sh. Ashok Chopra, CAFor Respondent: Sh. Ravi Jain, CIT DR

Section 271Section 36Section 36(1)(vii)

…om the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief u/s 80-HH f the Income-tax Act, 1961." To similar effect is the decision of the Supreme Court in Hindustan Lever Ltd Vs. CIT ( 1999} 239 ITR 297(SC). It is clear that profits of M/s NHB is not derived from the business of long term finance for purchase or construction of residential houses'within the meaning of section 36(1)(viii) of the IT Act, 1961. (v) The section 36(1)(viii) clearly stipulates that the deduction under this section is available only for public companies formed and regi…

Rupinder Singh Arora, Mumbai vs. ITO 6(1)(2), Mumbai

Appeal is allowed for statistical purpose

ITA 204/MUM/2011[2006-07]Status: DisposedITAT Mumbai10 Feb 2017AY 2006-07

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

For Appellant: Shri Swapan Kumar BepariFor Respondent: Shri Karthik Natarajan

Section 80

…ee preferred appeal before the CIT (Appeal). Ld. CIT (Appeal) upheld the disallowance made by the assessing officer more or less on identical reasoning relying upon following decision. 1. Sterling Foods Vs. CIT 237 ITR 579. (SC) 2. Hindustan Liver Ltd Vs. CIT 239 ITR 297. 3. CIT Vs. Kiran Enterprises 228 CTR 101. (HP) 5. The Ld. AR submitted, income received by way of Sales Tax incentive and subsidy have a direct nexus to the wind mill project set up by the assesse for generation of power. Therefore, he submitted, such income derived being a profit from the business of the industrial undertaking it will be eligib…

M/S.. Upkar International (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result, the Appeal filed by the Assessee stand allowed

ITA 6710/DEL/2013[2003-04]Status: DisposedITAT Delhi02 Jun 2016AY 2003-04

Bench: Shri H.S. Sidhu & Shri O.P. Kanta.Y. : 2003-04 Upkar International (P) Ltd., Dcit, Circle 18(1), C/O J.S. Kochar & Associates, Vs. Cr Building, 209, Sewak Bhawan, I.P. Estate, New Delhi 16/2, Wea Karol Bagh, New Delhi – 110 005

For Appellant: Sh. J.S. Kochar & Sh. Udai BirFor Respondent: Sh. Amit Jain, Sr. DR

Section 115JSection 143(3)Section 147Section 148Section 80Section 801BSection 80I

…ITR 1, it was held that where a company-deriving income from agriculture declared dividend, the dividend did not arise from any agricultural source and cannot be claimed to be income derived from agricultural activity In Hindustan Lever Ltd. Vs. CIT (1997) 239 ITR 297, (SC) while dismissing the appeal 8 A.Y. 2003-04 held that the High Court was clearly right in holding that the assessee's profit from sale of its goods in India cannot be said to have been derived from export sales. In English Electric Company of India Ltd. Vs CIT 168 ITR 513 Madras High Court had held that where the interest is earned on…

CIT vs. Le Passage to India Tours & Travels Pvt Ltd

ITA/1859/2010HC Delhi08 Apr 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 80

…Page 10 of 14 it was authoritatively pronounced by the Supreme Court that there has to be a direct nexus between the profits and gains and the industrial undertaking. This view was reiterated by the Apex Court in Hindustan Liver Ltd. Vs. CIT, 239 ITR 297. In a recent judgment pronounced by the Supreme court in the case of Liberty India Vs. Commissioner of Income Tax [317 ITR 218], the principle is revisited in a more lucid manner. The Court reiterated the distinction between the expression “derived from” and considered the expression “derived from” in contra distinction the…

CIT vs. Le Passage to India Tours & Travels Pvt Ltd

ITA - 1859 / 2010HC Delhi08 Apr 2011

Section 80

Commissioner of Income Tax, Delhi VIII vs. Indian Farmers Fertilizers Co-Op. Ltd

The appeal stands disposed of accordingly

ITA-740/2008HC Delhi24 Dec 2010

Section 143(3)Section 147Section 148Section 154Section 250Section 80

…records which had been proffered before him by the assessee and which were of the type as are covered by Explanation 1 to section 147………………………………………..” To similar effect is the decision of the Supreme Court in Hindustan Lever Ltd. vs. CIT (1991) 239 ITR 297 (SC) where the Hon‟ble Court was dealing with section 2(5)(i) of the Finance (No.2) Act, 1962 which was attracted only when assessee‟s total income included any profits or gains “derived” from exports of any goods or merchandise out of India. It was held by the Hon‟ble Apex Court that the word „derived‟ was not a term of art and the inqui…

M/S Lotus Trans Travels P. Ltd vs. Commissioner of Income Tax

Appeals are dismissed

ITA-241/2004HC Delhi24 Dec 2010

Section 80Section 80H

…ncome Tax Vs. Sterling Foods, 2010:DHC:6287-DB pronounced by the Supreme Court that there has to be a direct nexus between the profits and gains and the industrial undertaking. This view was reiterated by the Apex Court in Hindustan Liver Ltd. Vs. CIT, 239 ITR 297. In a recent judgment pronounced by the Supreme court in the case of Liberty India Vs. Commissioner of Income Tax [317 ITR 218], the principle is revisited in a more lucid manner. The Court reiterated the distinction between the expression “derived from” and considered the expression “derived from” in contra distinction the term “attr…