Hindustan Lever v. State of Maharashtra

9 SCC 438Reported decision2004#9918 most cited

What is Hindustan Lever v. State of Maharashtra authority for?

Amalgamation, involving a compromise or arrangement sanctioned by the court, is a foundational basis for passing an order of amalgamation, and the subsequent acquisition of assets by the other undertaking signifies the loss of identity and ownership of the earlier concern.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2013 to 2026.

Also referred to as

Hindustan Lever v. State of Maharashtra · amalgamation · transfer · merger · compromise or arrangement · Section 394 · extinguishment of rights · loss of identity · ownership of asset

Sections most often in play

Section 143(3)Section 2(47)Section 260ASection 28Section 28(iv)Section 45Section 47(vii)Section 49(1)(iii)(e)

Issues it is cited on

extinguishment of rightssection 269uasection 39record datetransferee companytransferor companysection 10(2)section 49section 43(6)section 2(47)section 47section 53a

Judgments citing Hindustan Lever v. State of Maharashtra

M/S Jindal Equipment Leasing Consultancy Services Ltd vs. Commissioner of Income Tax

Appeals stand disposed of in the aforesaid terms

C.A. No.-000152-000152 - 2026Supreme Court09 Jan 2026

Bench: HON'BLE MR. JUSTICE R. MAHADEVAN

Section 143(3)Section 28Section 47

…benefits cannot constitute taxable income, as held in Commissioner of Income Tax, Bombay City I v. Shoorji Vallabhdas & Co.13, State Bank of Travancore v. Commissioner of Income-Tax, Kerala14, Godhra Electricity Co. Ltd v. 10 14 Tax Cases 22 11 (2004) 9 SCC 438 12 (1954) 26 ITR 27 (SC) 13 (1962) 46 ITR 144 (SC) 14 (1986) 158 ITR 102 (SC) 10 Commissioner of Income-Tax15 and Commissioner of Income-Tax v. Excel Industries Ltd. and another16. Even if the fair market value of the shares allotted in the amalgamated company on the date of allotment exceeds the book value of the shares in the amalgam…

The Commissioner of Income Tax vs. M/S Nalwa Investment Ltd

Appeals are allowed

ITA/822/2005HC Delhi07 Aug 2020

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

Section 260ASection 391Section 47

…ITA 822/2005 & connected matters Page 1 of 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.07.2020 Pronounced on: 07.08.2020 + ITA 822/2005 THE COMMISSIONER OF INCOME TAX-V, NEW DELHI ..... Appellant Through: Mr.Sunil Agarwal, Senior Standing Counsel with Mr.Tushar Gupta, Junior Standing Counsel for Income Tax Department. versus M/S NALWA INVESTMENT LTD. ..... Respondent Throug…

Commissioner of Income Tax Del vs. M/S Mansarovar Investments Ltd

Appeals are allowed

ITA/961/2005HC Delhi07 Aug 2020

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

Section 260ASection 391Section 47

…ITA 822/2005 & connected matters Page 1 of 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.07.2020 Pronounced on: 07.08.2020 + ITA 822/2005 THE COMMISSIONER OF INCOME TAX-V, NEW DELHI ..... Appellant Through: Mr.Sunil Agarwal, Senior Standing Counsel with Mr.Tushar Gupta, Junior Standing Counsel for Income Tax Department. versus M/S NALWA INVESTMENT LTD. ..... Respondent Throug…

Commissioner of Income Tax Del vs. M/S Abhuinandan Investments Lt

Appeals are allowed

ITA - 853 / 2005HC Delhi07 Aug 2020
Section 260ASection 391Section 47

…ITA 822/2005 & connected matters Page 1 of 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.07.2020 Pronounced on: 07.08.2020 + ITA 822/2005 THE COMMISSIONER OF INCOME TAX-V, NEW DELHI ..... Appellant Through: Mr.Sunil Agarwal, Senior Standing Counsel with Mr.Tushar Gupta, Junior Standing Counsel for Income Tax Department. versus M/S NALWA INVESTMENT LTD. ..... Respondent Throug…

Commissioner of Income Tax Del vs. M/S M/S Jindal Equipment Leasi

Appeals are allowed

ITA - 935 / 2005HC Delhi07 Aug 2020
Section 260ASection 391Section 47

…ITA 822/2005 & connected matters Page 1 of 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.07.2020 Pronounced on: 07.08.2020 + ITA 822/2005 THE COMMISSIONER OF INCOME TAX-V, NEW DELHI ..... Appellant Through: Mr.Sunil Agarwal, Senior Standing Counsel with Mr.Tushar Gupta, Junior Standing Counsel for Income Tax Department. versus M/S NALWA INVESTMENT LTD. ..... Respondent Throug…

Commissioner of Income Tax Del vs. M/S Mansarovar Investments Ltd

Appeals are allowed

ITA - 961 / 2005HC Delhi07 Aug 2020
Section 260ASection 391Section 47

…ITA 822/2005 & connected matters Page 1 of 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.07.2020 Pronounced on: 07.08.2020 + ITA 822/2005 THE COMMISSIONER OF INCOME TAX-V, NEW DELHI ..... Appellant Through: Mr.Sunil Agarwal, Senior Standing Counsel with Mr.Tushar Gupta, Junior Standing Counsel for Income Tax Department. versus M/S NALWA INVESTMENT LTD. ..... Respondent Throug…

Commissioner of Income Tax (C) - II vs. Mira Exim Ltd

ITA/347/2013HC Delhi03 Oct 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

Section 260ASection 32(1)Section 394

…ing. Upon merger, the earlier concern or undertaking loses its identity and the ownership in the asset, (see Sarmwati Industrial Syndicate Limited versus Commissioner of Income Tax, [(1990) 186 ITR (SC)]. In Hindustan Lever versus State of Maharashtra, (2004) 9 SCC 438 expounding on the concept of amalgamation and whether it amounts to transfer, it was held as under "9. Section 394 provides that application and order of amalgamation under Section 394 is based on compromise or arrangement which has been proposed for the purpose of amalgamation of two or more companies. The amalgamation scheme, which is an agreemen…

Commissioner of Income Tax-II vs. Mira Exim

ITA - 353 / 2013HC Delhi03 Oct 2013
Section 260ASection 32(1)Section 394

…ing. Upon merger, the earlier concern or undertaking loses its identity and the ownership in the asset, (see Sarmwati Industrial Syndicate Limited versus Commissioner of Income Tax, [(1990) 186 ITR (SC)]. In Hindustan Lever versus State of Maharashtra, (2004) 9 SCC 438 expounding on the concept of amalgamation and whether it amounts to transfer, it was held as under "9. Section 394 provides that application and order of amalgamation under Section 394 is based on compromise or arrangement which has been proposed for the purpose of amalgamation of two or more companies. The amalgamation scheme, which is an agreemen…

Commissioner of Income Tax (C) - II vs. Mira Exim Ltd

ITA - 348 / 2013HC Delhi03 Oct 2013
Section 260ASection 32(1)Section 394

…ing. Upon merger, the earlier concern or undertaking loses its identity and the ownership in the asset, (see Sarmwati Industrial Syndicate Limited versus Commissioner of Income Tax, [(1990) 186 ITR (SC)]. In Hindustan Lever versus State of Maharashtra, (2004) 9 SCC 438 expounding on the concept of amalgamation and whether it amounts to transfer, it was held as under "9. Section 394 provides that application and order of amalgamation under Section 394 is based on compromise or arrangement which has been proposed for the purpose of amalgamation of two or more companies. The amalgamation scheme, which is an agreemen…

Commissioner of Income Tax (C) - II vs. Mira Exim Ltd

ITA - 347 / 2013HC Delhi03 Oct 2013
Section 260ASection 32(1)Section 394

…ing. Upon merger, the earlier concern or undertaking loses its identity and the ownership in the asset, (see Sarmwati Industrial Syndicate Limited versus Commissioner of Income Tax, [(1990) 186 ITR (SC)]. In Hindustan Lever versus State of Maharashtra, (2004) 9 SCC 438 expounding on the concept of amalgamation and whether it amounts to transfer, it was held as under "9. Section 394 provides that application and order of amalgamation under Section 394 is based on compromise or arrangement which has been proposed for the purpose of amalgamation of two or more companies. The amalgamation scheme, which is an agreemen…

The commissioner of Income Tax IV vs. M/s Lanco Kondapalli Power (P) Ltd

ITTA/121/2013HC Telangana26 Jul 2013