K.Lakshmansa & Co. v. CIT

128 ITR 283High Court1981#18934 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2023 to 2025.

Sections most often in play

Section 10(1)Section 10(1) of the Income Tax ActSection 143(3)Section 147Section 1961Section 2(1A)

Judgments citing K.Lakshmansa & Co. v. CIT

Deputy Commissioner of Income Tax, Circle-4, Nagpur vs. Sonu Monu Agro Private Limited, Nagpur

In the result, Department's appeal stands dismissed

ITA 62/NAG/2024[2020-21]Status: DisposedITAT Nagpur03 Mar 2025AY 2020-21
Section 10(1)Section 143(2)Section 14A(1)

…nd. This product arises from land and is attached to land during growth and thereafter, just like 'plants' or a 'crop'. The comparison made by the Ld.AO with the sale of silk cocoons by relying on the judgment in the case of K. Lakshmansa & Co. vs. CIT [1981] 128 ITR 283 (Kar.), is wrong, as on facts silkworms feed on mulberry leaves and are not products which are raised from land. Mulberry leaves which are product arising from land, are fodder to silkworms." 5.7 Since the facts of the present case are similar to the case of M/s Inventaa Industries Private Limited, respectfully following the decision of the Speci…

Fresh Bowl Horticulture Private Limited, Mumbai vs. ITO, Mumbai

In the result, appeal of the assessee is allowed

ITA 3049/MUM/2024[2020-21]Status: DisposedITAT Mumbai14 Oct 2024AY 2020-21

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2020-21

For Appellant: Shri K. Gopal, ARFor Respondent: Shri Ankush Kapoor, CIT, DR
Section 10(1)Section 143(3)Section 2

…uct arises from land and is attached to land during growth and thereafter, just like 'plants' or a 'crop". Comparison made by the learned Assessing Officer with sale of silk cocoons by relying on the judgment in the case of K. Lakshmansa and Co. v. CIT [1981] 128 ITR 283 (Karn) is wrong, as on facts silkworms feed on mulberry leaves and are not products which are raised from land. Mulberry leaves which are product arising from land, are fodder to silk worms. 14.8. Hence, we conclude that mushroom on the facts and circum- stances of this case is an agricultural product raised from land. (iii) When agricultural p…

DCIT, Chennai vs. M/S British Agro Products (India) Pvt Ltd, Chennai

In the result, appeal filed by the revenue for assessment year 2017-18 is dismissed

ITA 970/CHNY/2022[2018-2019]Status: DisposedITAT Chennai05 Apr 2023AY 2018-2019

Bench: Shri Aby T. Varkery, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 969 & 970/Chny/2022 िनधा"रण वष" / Assessment Years: 2017-18 & 2018-19 Deputy Commissioner Of M/S. British Agro Products Income Tax, V. (India) Pvt. Ltd., Corporate Circle -1(1), No. 9, State Bank Officers Chennai – 600 034. Colony, Shastri Nagar, Adyar, Chennai – 600 020. [Pan: Aafcb-8238-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. M. Rajan, Cit ""यथ" क" ओर से/Respondent By : Shri. Y. Sridhar, Fca सुनवाई की तारीख/Date Of Hearing : 21.03.2023 घोषणा की तारीख/Date Of Pronouncement : 05.04.2023 आदेश /O R D E R

For Appellant: Shri. M. Rajan, CITFor Respondent: Shri. Y. Sridhar, FCA
Section 2

…ed with and. This product arises from land and is attached to land during growth and thereafter, just like ‘plants’ or a ‘crop’. Comparison made by the Ld.AO with sale of silk cocoons by relying on the judgment in the case of K.Lakshmansa & Co. vs. CIT [1981] 128 ITR 283 (Kar.), is wrong, as on facts silkworms feed on mulberry leaves and are not products which are raised from land. Mulberry leaves which are product arising from land, are fodder to silk worms. 14.8. Hence, we conclude that Mushroom on the facts and circumstances of this case is an agricultural product raised from land. :-41-: ITA. Nos: 969 & 970/…

DCIT, Chennai vs. M/S British Agro Products (India) Pvt Ltd, Chennai

In the result, appeal filed by the revenue for assessment year 2017-18 is dismissed

ITA 969/CHNY/2022[2017-2018]Status: DisposedITAT Chennai05 Apr 2023AY 2017-2018

Bench: Shri Aby T. Varkery, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 969 & 970/Chny/2022 िनधा"रण वष" / Assessment Years: 2017-18 & 2018-19 Deputy Commissioner Of M/S. British Agro Products Income Tax, V. (India) Pvt. Ltd., Corporate Circle -1(1), No. 9, State Bank Officers Chennai – 600 034. Colony, Shastri Nagar, Adyar, Chennai – 600 020. [Pan: Aafcb-8238-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. M. Rajan, Cit ""यथ" क" ओर से/Respondent By : Shri. Y. Sridhar, Fca सुनवाई की तारीख/Date Of Hearing : 21.03.2023 घोषणा की तारीख/Date Of Pronouncement : 05.04.2023 आदेश /O R D E R

For Appellant: Shri. M. Rajan, CITFor Respondent: Shri. Y. Sridhar, FCA
Section 2

…ed with and. This product arises from land and is attached to land during growth and thereafter, just like ‘plants’ or a ‘crop’. Comparison made by the Ld.AO with sale of silk cocoons by relying on the judgment in the case of K.Lakshmansa & Co. vs. CIT [1981] 128 ITR 283 (Kar.), is wrong, as on facts silkworms feed on mulberry leaves and are not products which are raised from land. Mulberry leaves which are product arising from land, are fodder to silk worms. 14.8. Hence, we conclude that Mushroom on the facts and circumstances of this case is an agricultural product raised from land. :-41-: ITA. Nos: 969 & 970/…