HOSHIARPUR ELECTRIC SUPPLY CO Vs. COMMISSIONER OF INCOME TAX SIMLA
LAWS(SC)-1960-12-48
SUPREME COURT OF INDIA
Decided on December 06,1960

HOSHIARPUR ELECTRIC SUPPLY COMPANY Appellant
VERSUS
COMMISSIONER OF INCOME-TAX, SIMLA Respondents





Cited Judgements :-

ESSAR STEEL LTD VS. EXECUTIVE ENGINEER [LAWS(GJH)-2007-1-22] [REFERRED TO]
ESSAR STEEL LTD VS. EXECUTIVE ENGINEER O AND M DAKSHIN GUJARAT VIJ COMPANY LIMITED [LAWS(GJH)-2011-8-135] [REFERRED TO]
SOUTH MADRAS ELECTRIC SUPPLY CORPORATION LIMITED VS. FIRST INCOME TAX OFFICER [LAWS(MAD)-1968-10-19] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. T ABDUL MAJEED [LAWS(KER)-1996-9-51] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. AMBALA CANTT ELECTRIC SUPPLY CO LTD [LAWS(P&H)-1970-9-20] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. BELDIH CLUB [LAWS(PAT)-1985-9-22] [REFERRED TO]
ESSAR STEEL LTD VS. EXECUTIVE ENGINEER (O&M), DAKSHIN GUJ VIJ CO LTD [LAWS(GJH)-2007-3-261] [REFERRED TO]


JUDGEMENT

Shah, J. - (1.)The Income Tax Appellate Tribunal, Delhi Bench, stated under S. 66(1) of the Indian Income Tax Act the following question for decision of the High Court of Judicature of Chandigarh:
"Whether the assessee's receipts from consumers for laying service lines, (that is, not distributing mains) were trading receipts and whether the profit element therein, viz., service connection receipts minus service connection cost was taxable income in the assessee's hands -

(2.)The High Court answered the question as follows:
". . . . the company's receipts from the consumers for laying the service lines are trading receipts and the profit element therein being the difference between the service connection receipts and the service connection costs is taxable income in the hands of the company."

(3.)With certificate granted under section 66 A(2) of the Income Tax Act, this appeal is preferred by the Hoshiarpur Electric Supply Company - hereinafter referred to as the assessee.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.