Supreme Court of India

Universal Plast Ltd. v. Commissioner of Income Tax, Calcutta

Neutral citation
Reported as [1999] 2 S.C.R. 131
Bench S.P. Bharucha, S.S.M. Quadri and R.C. Lahoti JJ.
Decided 23 March 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that both the High Courts were right in answering the questions referred to them, in favour of the Revenue and agairist the assessee.

Judgment, page 12

From the headnote

Income Tax Act, 1961: Sections 2 (13) 28 and 56. Income Tax-Profits and Gains of business- Y 1977-7 8-Licence fee­ Receipt of-By leasing and letting out factory, godowns and machinery Business income or income from other sources-Tests to determine-Held : Such licence fee received by assessee is not business income-Such letting out also did not constitute business of assessee. The Appellant-assessee (in 'UPL' case) set up a factory for manufacturing of PVC sheet, and allied products. The assessee suffered losses for two years and, therefore, .it entered into a "leave and licence" agreement

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.