Ludhiana Central Cooperative Consumers' Stores Ltd. v. CIT

122 ITR 942High Court1980#16567 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Sections most often in play

Section 1961Section 2(24) of the Income Tax ActSection 28 of the Income Tax ActSection 41(1) of the Income Tax Act

Judgments citing Ludhiana Central Cooperative Consumers' Stores Ltd. v. CIT

M/S Chatta Sugar Co. Ltd, Mathura vs. A.C.I..T Circle-3, Mathura

In the result, the appeal of the assessee is allowed

ITA 129/AGR/2015[2009-10]Status: DisposedITAT Agra01 Jul 2025AY 2009-10

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2009-10]

Section 142(1)Section 143(3)Section 28Section 41(1)

…ments was to promote the welfare of employees of certain companies. They were not casual receipts. They were revenue receipts and assessable as such." 15. Hon'ble Punjab & Haryana High Court in Ludhiana Central Cooperative Consumers' Stores Ltd. v. CIT [1980] 122 ITR 942 (P&H), has held that the government subsidy received by assessee to meet managerial and rental expenses constituted taxable revenue receipt. 15.1 Thus, it is the character of the receipt that has to be considered. If a subsidy is given to recoup revenue expenditure, it will take the same colour and will be deemed to be a revenue receipt in the ha…

M/S. Bridgestone India Pvt. Ltd., Pune vs. The ACIT NFAC, Delhi

In the result, appeal of assessee is partly allowed

ITA 84/IND/2022[2017-18/]Status: DisposedITAT Indore17 Jul 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibridgestone India Pvt. Ltd. Acit (Nfac) Plot No.A-43, Phase-Ii, Delhi Midc Chakan, Village Vs. Sawardari, Taluka Khed, Pune (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcb 2304 E Assessee By Shri Sukhsagar Syal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 23.05.2023 Date Of Pronouncement 17.07.2023

Section 143(3)Section 144C(13)Section 144C(5)Section 43(1)

…e Revenue, Shri R. C. Mukati, relying upon the decisions in Delhi Flour Mills Co. Ltd. v. CIT [1974] 95 ITR 151 (Delhi) (sic), Dharangadhra Chemical Works Ltd. v. CIT [1977] 106 ITR 473 (Bom), Ludhiana Central Co-operative Consumers' Stores Ltd. v. CIT [1980] 122 ITR 942 (P & H), Chowringhee Sales Bureau P. Ltd. v. CIT [1973] 87 ITR 542 (SC) and Sinclair Murray and Co. P. Ltd. v. CIT [1974] 97 ITR 615 (SC), contended that this subsidy amounts to a revenue receipt and, therefore, the Tribunal has committed an error in deleting the said additions.” 12. The said judgment of Hon’ble High Court has been reversed by t…

Svg Fashions Ltd ( Formelry Known As Deepak Suitings Ltd), Mumbai vs. DCIT 4(3), Mumbai

In the result, the appeal filed by the assessee stands allowed

ITA 4154/MUM/2012[2009-10]Status: DisposedITAT Mumbai23 Dec 2015AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.5644/Mum/2011

For Appellant: Shri Hariom TulsyanFor Respondent: Shri Ranjeesh K. Arvind
Section 143(3)

…veness and overall long term viability. Improvement in competitiveness necessarily means improved profitability. The subsidy received for improving profitability is revenue expenditure. In the case of Ludhiana Central Cooperative Consumers Stores Ltd. Vs.CIT (122 ITR 942 P & H ), where subsidy was received towards managerial and rental expenses, the subsidy was held to be revenue receipt meant for recoupment of revenue expenditure even though the subsidy was given as an incentive to the cooperative movement. In the instant case also, the subsidy has been given towards interest expenditure which has been found by…

Svg Fashions Ltd (Formelry Knwon As Deepak Suitings Ltd), Mumbai vs. DCIT 4(3), Mumbai

In the result, the appeal filed by the assessee stands allowed

ITA 296/MUM/2012[2008-09]Status: DisposedITAT Mumbai23 Dec 2015AY 2008-09

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.5644/Mum/2011

For Appellant: Shri Hariom TulsyanFor Respondent: Shri Ranjeesh K. Arvind
Section 143(3)

…veness and overall long term viability. Improvement in competitiveness necessarily means improved profitability. The subsidy received for improving profitability is revenue expenditure. In the case of Ludhiana Central Cooperative Consumers Stores Ltd. Vs.CIT (122 ITR 942 P & H ), where subsidy was received towards managerial and rental expenses, the subsidy was held to be revenue receipt meant for recoupment of revenue expenditure even though the subsidy was given as an incentive to the cooperative movement. In the instant case also, the subsidy has been given towards interest expenditure which has been found by…

Svg Fashions Ltd (Formerly Known As Deepak Suitings Ltd), Mumbai vs. DCIT 4(3), Mumbai

In the result, the appeal filed by the assessee stands allowed

ITA 5644/MUM/2011[2005-06]Status: DisposedITAT Mumbai23 Dec 2015AY 2005-06

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.5644/Mum/2011

For Appellant: Shri Hariom TulsyanFor Respondent: Shri Ranjeesh K. Arvind
Section 143(3)

…veness and overall long term viability. Improvement in competitiveness necessarily means improved profitability. The subsidy received for improving profitability is revenue expenditure. In the case of Ludhiana Central Cooperative Consumers Stores Ltd. Vs.CIT (122 ITR 942 P & H ), where subsidy was received towards managerial and rental expenses, the subsidy was held to be revenue receipt meant for recoupment of revenue expenditure even though the subsidy was given as an incentive to the cooperative movement. In the instant case also, the subsidy has been given towards interest expenditure which has been found by…