Orissa State Warehousing Corpn v. CIT

237 ITR 589Supreme Court of India1999#935 most cited

What is Orissa State Warehousing Corpn v. CIT authority for?

A fiscal statute must be interpreted strictly based on its plain language, without substituting judicial impressions for legislative intent. Exemptions and exclusions within such statutes must also be construed strictly and cannot be extended through interpretation.

114

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2025.

Also referred to as

Orissa State Warehousing Corporation v. CIT · 237 ITR 589 · strict interpretation · fiscal statute · plain language interpretation · legislative intent · exemption provisions · strict construction of exemptions · tax law interpretation · section 2(24)(xviii) · section 80-IE · section 80JJAA

Issues it is cited on

Judgments citing Orissa State Warehousing Corpn v. CIT

Albatross Cfs P.Ltd, Mumbai vs. ITO 10(2(1), Mumbai

In the result, appeals filed by the assessee for assessment years 2009-

ITA 4833/MUM/2012[2009-10]Status: DisposedITAT Mumbai01 Oct 2018AY 2009-10

Bench: Shri G.S. Pannu (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2009-10 M/S. Albatross Inland-Ports The Ito 10(2)(1), Private Limited Mumbai Formerly M/S Albatross - Cfs Pvt. Ltd., Vs. Geet Mala Building, 4Th Floor, Next To Shah Industrial Estate, Govandi (East), Mumbai- 400088 Pan: Aaeca8052B (Appellant) (Respondent) & Assessment Year: 2010-11 M/S Albatross Inland Ports - The Assistant Commissioner Of Private Limited, Income Tax – 10 (2), 4Th Floor, Geetmala Building Mumbai Next To Shah Industrial Estate, Vs. Deonar, Govandi (East), Mumbai- 400088 Pan: Aaeca8052B (Appellant) (Respondent) Assessee By : Shri M. Subramanian (Ar) Revenue By : Shri Rajesh Kumar Yadav (Dr) Date Of Hearing: 06/07/2018 Date Of Pronouncement: 01/10/2018

For Appellant: Shri M. Subramanian (AR)For Respondent: Shri Rajesh Kumar Yadav (DR)
Section 143Section 143(3)Section 80Section 80I

…st on fixed deposit Rs. 1,46,742/- 3. Balance Return back Rs. 3,95,807/- 4. Miscellaneous Income Rs. 2,26,895/- 3. The AO relying on the judgments of the Hon’ble Supreme Court in the case of Sterling Foods 237 ITR 579 and Orissa State Warehousing Corporation 237 ITR 589 held that the assessee is not eligible for deduction u/s 80IA holding that since the aforesaid income has not been derived from business activities of the assessee, the same is not eligible for deduction u/s 80IA of the Act. The assessee challenged the assessment order before the Ld. CIT (A). The Assessment Years: 2009-10 & 2010-11 Ld. CIT (A) d…