COMMISSIONER OF INCOME TAX Vs. SCINDIA STEAM NAVIGATION COMPANY LIMITED
LAWS(SC)-1961-4-49
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on April 06,1961

COMMISSIONER OF INCOME TAX Appellant
VERSUS
SCINDIA STEAM NAVIGATION COMPANY LIMITED Respondents


Referred Judgements :-

NEW PIECE GOODS BAZAR CO.,LTD. BOM V. COMMR. OF INCOME-TAX,BOM [REFERRED TO]
MOHANLAL HIRALAL V. COMMR. OF INCOME-TAX,C. P. AND BERAR [REFERRED TO]
G.M.CHENNA BASAPPA V. COMMR. OF INCOME-TAX,HYDERABAD [REFERRED TO]
COMMISSIONER OF INCOME TAX MADRAS VS. ARUNACHALAM CHETTIAR [REFERRED TO]
COMMR OF INCOME TAX BOMBAY SOUTH BOMBAY VS. OGALE GLASS WORKS LTD [REFERRED TO]
NEW JEHANGIR VAKIL MILLS LIMITED VS. COMMISSIONER OF INCOME TAX BOMBAY NORTH KUTCH AND SAURASHTRA [REFERRED TO]
KUSUMBEN D MAHADEVIA VS. COMMISSIONER OF INCOME TAX BOMBAY [REFERRED TO]
ZORASTER AND CO VS. COMMISSIONER OF INCOME TAX DELHI AJMER RAJASTHAN AND MADHYA BHARAT NOW MADHYA PRADESH [REFERRED TO]
COMMISSIONER OF INCOME TAX WEST BENGAL CALCUTTA VS. STATE BANK OF INDIA CALCUTTA [REFERRED TO]
A ABBOY CHETTY AND CO VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. MODERN THEATRES LIMITED [REFERRED TO]
TRUSTEES NAGORE DURGAH VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
MADANLAL DHARNIDHARKA VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
PUNJAB DISTILLING INDUSTRIES LTD VS. COMMISSIONER OF INCOME-TAX PUNJAB PEPSU ETC [REFERRED TO]
MAHARAJ KUMAR KAMAL SINGH VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA, LTD VS. COMMISSIONER OF INCOME-TAX, BOMBAY PRESIDENCY AND ADEN [REFERRED TO]
THE OFFICIAL LIQUIDATOR OF M E MOOLA SONS LTD VS. PERIN R BURJORJEE [REFERRED TO]
COMMISSIONER OF INCOME-TAX, BEHAR AND ORISSA VS. KAMESHWAR SINGH OF DARBHANGA [REFERRED TO]
COMMISSIONER OF INCOME-TAX, BENGAL VS. SHAW WALLACE AND COMPANY [REFERRED TO]



Cited Judgements :-

RAJEEV KUMAR VS. STATE OF U P [LAWS(ALL)-2014-5-508] [REFERRED TO]
GANESH BRICK SUPPLY CO VS. COMMISSIONER OF SALES TAX [LAWS(ALL)-2007-8-349] [REFERRED]
INDOSWE ENGINEERS (P) LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-2-127] [REFERRED]
MANEKLAL VALLABHDAS PARIKH AND SONS VS. COMMISSIONER INCOME TAX GUJARAT [LAWS(GJH)-1967-7-13] [REFERRED]
RAMESHCHANDRA JIVANJI BHAVSAR VS. COMMISSIONER OF INCOME TAX SURAT [LAWS(GJH)-1985-8-31] [REFERRED]
K M SHAH VS. DY C I T [LAWS(GJH)-2004-5-13] [REFERRED TO]
PREMSUKH GANESHMULL VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1975-3-1] [REFERRED TO]
UNIWORTH RESORTS LIMITED VS. ASHOK MITTL [LAWS(CAL)-2007-9-66] [REFERRED TO]
M M MEHTA VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1982-8-12] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. V K FERRO ALLOYS INDUSTRIES P LTD [LAWS(APH)-2007-11-63] [REFERRED TO]
MAHESH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1973-11-2] [REFERRED TO]
RAMDAS MOTOR TRANSPORT LTD VS. KAREDLA SURYANARAYANA [LAWS(APH)-2001-10-17] [REFERRED TO]
TELANGANA BONE MILL and FERTILISER CO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1995-1-31] [REFERRED TO]
COMMISSIONER OF TRADE AND TAXES VS. CORSAN CORVIAM CONSTRUCTION S.A.-SADBHAV ENGINEERING LTD. [LAWS(DLH)-2023-3-110] [REFERRED TO]
COMMISSIONER OF GIFT-TAX KERALA ERNAKULAM VS. V MADHAVAN VALIATHAN [LAWS(KER)-1967-9-13] [REFERRED TO]
ALAGAPPA TEXTILES (COCHIN) LTD. VS. THE CIT, ERNAKULAM [LAWS(KER)-1971-12-45] [REFERRED TO]
GRAMIN VIDYUT SAHKARI SAMITI MARYADIT VS. ASSISTANT COMMISSIONER OF INCOME-TAX [LAWS(MPH)-2008-2-134] [REFERRED TO]
MAHARANI SAHEB OF GONDAL VS. COMMISSIONER OF INCOME TAX [LAWS(KAR)-1981-4-14] [REFERRED TO]
M C MUTHANNA VS. COMMISSIONER OF INCOME TAX [LAWS(MAD)-1989-1-87] [REFERRED TO]
S. NATARAJAN VS. S.V. GLOBAL MILLS LTD. AND ORS. [LAWS(MAD)-2015-4-402] [REFERRED TO]
PODDAR SPINNING MILLS LTD. VS. THE BOARD OF REVENUE [LAWS(RAJ)-1976-10-31] [REFERRED TO]
DEEPCHAND KOTHARI VS. COMMISSIONER OF INCOME TAX [LAWS(RAJ)-1977-9-29] [REFERRED TO]
SALEM COOPERATIVE CENTRAL BANK LIMITED VS. COMMISSIONER OF INCOME TAX MADRAS [LAWS(SC)-1993-4-28] [FOLLOWED]
COMMISSIONER OF INCOME TAX MADRAS VS. S CHENNIAPPA MUDALIAR MADURAI [LAWS(SC)-1969-2-44] [DISTINGUISHED]
VARKISONS ENGINEERS VS. STATE OF KERALA [LAWS(SC)-2009-4-43] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. HARI PRASAD CHAUDHARY [LAWS(PAT)-1982-12-25] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. SHIVARAM SINGH [LAWS(PAT)-1984-11-29] [REFERRED TO]
JAMUNADAS MANNALAL VS. COMMISSIONER OF INCOME TAX [LAWS(PAT)-1984-5-17] [REFERRED TO]
ALOK SPICES VS. STATE OF KERALA [LAWS(KER)-1996-1-3] [REFERRED TO]
STATE OF ORISSA VS. NARAHARI PRADHAN [LAWS(ORI)-1972-8-10] [REFERRED TO]
POLAKI SRIRANGAM AND SONS VS. STATE OF ORISSA [LAWS(ORI)-1973-4-18] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. LAXMI AUTO STORES [LAWS(ORI)-1974-1-23] [REFERRED TO]
ABDUL SATTAR K S VS. COMMISSIONER OF INCOME TAX [LAWS(APH)-1962-1-15] [REFERRED TO]
COMMISSIONER OF INCOME TAX ANDHRA PRADESH VS. PABBATI SHANKARAIAH [LAWS(APH)-1983-4-41] [REFERRED TO]
ASSAM STATE TEXT BOOK PRODUCTION & PUBLICATION CORPN. LTD. VS. COMMISSIONER OF INCOME TAX [LAWS(GAU)-1996-6-66] [REFERRED TO]
SANDEEP & ORS VS. STATE & OTHERS [LAWS(DLH)-2015-2-640] [REFERRED]
AJAY GUPTA S/O JAGARNATH GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-1-25] [REFERRED TO]
SHARMA REALTY PVT. LTD. VS. VINOD MUKTINATH SHARMA [LAWS(BOM)-2016-1-55] [REFERRED TO]
ASHISH ESTATES AND PROPERTIES PVT. LTD. VS. COMMISSIONER OF INCOME TAX [LAWS(BOM)-2018-6-266] [REFERRED TO]
NEW INDIA INDUSTRIES LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(GJH)-1975-1-3] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. MINAL RAMESHCHANDRA [LAWS(GJH)-1986-10-7] [REFERRED TO(SC) : TC54R.114,]
NARAYAN CHANDRA DEO DHABAL DEB VS. COMMISSIONER OF AGRICULTURAL INCOME TAX [LAWS(CAL)-1968-2-32] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. RAJENDRA SINGH SINGHI [LAWS(CAL)-1968-6-13] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. A K DAS [LAWS(CAL)-1969-8-14] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. F W HEILGERS AND CO P LTD [LAWS(CAL)-1971-4-1] [REFERRED TO]
CONTROLLER OF ESTATE DUTY VS. JOHN GREGORY APCAR [LAWS(CAL)-1975-1-8] [REFERRED TO]
ASIA PACIFIC COMMODITIES LTD VS. ASSISTANT COMMISSIONER OF CUSTOMS [LAWS(APH)-2011-12-16] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. M A UNNEERIKUTTY [LAWS(KER)-1997-12-28] [REFERRED TO (SC) : TC 54R.114]
COMMISSIONER OF INCOME TAX VS. WAHAB S A [LAWS(KER)-1989-10-42] [REFERRED TO]
PADAMPAT SINGHANIA VS. COMMISSIONER OF GIFT TAX [LAWS(ALL)-1987-11-16] [REFERRED TO]
LAXMI ELECTRONIC CORPORATION LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1990-11-60] [REFERRED TO]
S B SINGAR SINGH AND SONS VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1964-8-3] [REFERRED TO]
STATE OF HARYANA VS. BHAGWATI CATTLE FEED INDUSTRIES [LAWS(P&H)-2009-2-146] [REFERRED TO]
OSWAL WOOLLEN MILLS LTD VS. COMMISSIONER OF INCOME-TAX CENTRAL [LAWS(P&H)-1979-5-7] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. SALIGRAM PREMNATH [LAWS(P&H)-1980-9-12] [REFERRED TO]
MALABAR CO OPERATIVE CENTRAL BANK LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1973-10-18] [REFERRED TO]
SAMARJEET SINGH VS. COMMR. OF CUSTOMS, C. EX. AND SERVICE TAX [LAWS(MPH)-2019-8-161] [REFERRED TO]
COMMERCIAL TAXES OFFICER SPECIAL CIRCLE I JAIPUR VS. BADRI NARAIN SITA RAM [LAWS(RAJ)-1979-11-28] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. GOLECHA FIRMS PRIVATE LIMITED [LAWS(RAJ)-1986-3-41] [REFERRED TO]
CHAMPA LAL VS. STATE OF RAJASTHAN AND ORS. [LAWS(SC)-2018-4-152] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. VIJOY KUMAR BUDHIA [LAWS(PAT)-1974-8-14] [REFERRED TO]
TATA IRON AND STEEL CO LTD VS. STATE OF ORISSA [LAWS(ORI)-1969-7-6] [REFERRED TO]
WG CMDR A G MATHEWS RETD VS. COMMISSIONER OF GIFT TAX [LAWS(KER)-2003-9-45] [REFERRED TO]
GOLDEN TIMES SERVICES PVT. LTD. VS. DCIT [LAWS(DLH)-2020-1-217] [REFERRED TO]
SRI AJAY PRAKASH LOHIA VS. SRI ASHOK MITTAL AND ORS. [LAWS(CAL)-2007-9-94] [REFERRED TO]
RAJ STORES VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1987-7-6] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. METAL CORPORATION OF INDIA LTD [LAWS(CAL)-1980-5-1] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. ORISSA STEEL CORPORATION PVT LTD [LAWS(CAL)-1982-5-18] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. SCHLUMBERGER SEA CO INC [LAWS(CAL)-1997-9-17] [REFERRED TO]
INTERNATIONAL COMPUTERS INDIAN MANUFACTURE LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(BOM)-2015-3-36] [REFERRED TO]
D.L. CHOWDA REDDY VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-235] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. KOLHE M P [LAWS(BOM)-1961-10-7] [REFERRED TO ; (1962) 1 SCR 788]
COMMISSIONER OF INCOME TAX VS. BIRLA GWALIOR P LTD [LAWS(CAL)-1969-4-17] [REFERRED TO]
BHAGIRATH KANORIA VS. COMMISSIONER OF INCOME TAX CENTRAL [LAWS(CAL)-1978-3-62] [REFERRED TO]
RAJKOT SEEDS OIL AND BULLION MERCHANTS ASSOCIATION LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(GJH)-1963-8-1] [REFERRED]
COMMISSIONER OF INCOME TAX VS. NARANG DAIRY PRODUCTS [LAWS(ALL)-1984-12-7] [REFERRED TO]
RANI RAJENDRA KUMARI BA VS. WEALTH TAX OFFICER [LAWS(ALL)-1978-2-68] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(DLH)-1998-3-32] [REFERRED TO (SC) : TC 54R.114]
SUKHLAL BHANWARLAL HUF VS. COMMISSIONER OF INCOME TAX [LAWS(MPH)-1996-9-59] [REFERRED TO]
P GANGADHARAN PILLAI VS. CONTROLLER OF ESTATE DUTY ERNAKULAM [LAWS(KER)-1967-12-13] [REFERRED TO]
BHARAT AND CO VS. CIT [LAWS(KER)-1962-2-14] [REFERRED TO]
EASTERN COMMERCIAL CORPORATION VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1975-3-14] [REFERRED TO]
CONTROLLER OF ESTATE DUTY VS. SHANTA BEN MANI LAL PATEL [LAWS(RAJ)-1973-10-9] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. O N G C AGENT OF CGG FRANCE [LAWS(RAJ)-1996-7-77] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. O N G C AGENT OF CGG FRANCE [LAWS(RAJ)-1996-7-77] [REFERRED TO]
CARBORANDUM AND COMPANY VS. COMMISSIONER OF INCOME TAX MADRAS [LAWS(SC)-1977-4-38] [FOLLOWED]
BHANJI BHAGWANDAS VS. COMMISSIONER OF INCOME TAX MADRAS [LAWS(SC)-1967-7-3] [REFERRED]
ESTATE OF THE LATE A M K M KARUPPAN CHETTIAR VS. COMMISSIONER OF INCOME TAX MADRAS [LAWS(SC)-1968-8-35] [REFERRED TO]
PETLAD TURKEY RED DYE WORKS COMPANY LIMITED VS. COMMISSIONER OF INCOME TAX BOMBAY NORTH AHMEDABAD [LAWS(SC)-1962-11-16] [REFERRED TO]
S C PRASHAR HUNGERFORD INVESTMENT TRUST LIMITED IN LIQUIDATION VS. VASANTSEN DWARKADAS:VASANTSEN DWARKADAS [LAWS(SC)-1962-12-24] [REFERRED TO]
RITHA SABAPATHY VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(MAD)-2019-2-183] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(ORI)-1991-12-12] [REFERRED TO]
STATE OF ORISSA VS. SRI GURUMURTY PATRA [LAWS(ORI)-1972-5-4] [REFERRED TO]
COMMISSIONER OF INCOME TAX, NE REGION, SHILLONG VS. M/S BUILD WELL ASSAM PRIVATE LTD [LAWS(GAU)-1996-5-47] [REFERRED TO]
ASSOCIATED SWITCH GEAR PVT LTD VS. CCE [LAWS(ALL)-2004-4-83] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. TRUSTEES OF PRINCE MOAZAM JAH TRUST [LAWS(APH)-2014-1-138] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. TRUSTEES OF PRINCE MOAZAM TRUST [LAWS(APH)-2014-1-147] [REFERRED TO]
RAMDAS MOTOR TRANSPORT LTD VS. DEVARAPALLI SURYA RAO [LAWS(APH)-2004-2-137] [REFERRED TO]
RENUKA DATLA VS. BIOLOGICAL E LIMITED [LAWS(APH)-2015-4-20] [REFERRED TO]
RAJMAL LAKHICHAND VS. COMMISSIONER OF AND CUSTOMS [LAWS(BOM)-2010-4-97] [REFERRED TO]
ADDITIONAL COMMISSIONER OF INCOME TAX VS. DEVDA M J [LAWS(APH)-1975-9-30] [REFERRED TO]
E SHANMUGAM VS. APS CAM O MATEC PVT LTD [LAWS(DLH)-2006-8-80] [RELIED ON]
COMMISSIONER OF WEALTH TAX VS. SUN JUTE PRESS P LTD [LAWS(CAL)-1993-2-20] [REFERRED TO]
B C PAUL VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1980-9-27] [REFERRED TO]
COMMISSIONER OF CUSTOMS VS. AMIT KUMAR SAHA [LAWS(CAL)-2003-10-11] [REFERRED TO]
Commissioner of Central Excise VS. Jayshree Insulators [LAWS(CAL)-2004-10-46] [REFERRED TO]
INDOSWE ENGINEERS P LTD VS. STATE OF MAHARASTRA [LAWS(BOM)-1995-2-50] [REFERRED TO]
HIMMAT DALICHAND MALI VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2023-2-29] [REFERRED TO]
RAGHUNANDAN PRASAD MOHAN LAL VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(ALL)-1969-11-14] [REFERRED TO]
FOOTER MAL MEGH RAJ VS. COMMISSIONER SALES TAX [LAWS(ALL)-1970-9-10] [REFERRED TO]
RABI PR GOOPTU VS. COMMISSIONER OF INCOME-TAX [LAWS(CAL)-1963-7-32] [REFERRED]
S K ROY VS. ADDL MEMBER BOARD OF REVENUE [LAWS(CAL)-1966-4-12] [REFERRED TO]
R. RAMESH VS. DEVI POLYMERS PRIVATE LTD. AND ORS. [LAWS(MAD)-2017-4-202] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. HARNANDRAI SHRIKISHAN AKODIA [LAWS(MPH)-1966-3-17] [REFERRED TO]
H H MAHARAJA MARTAND SINGH JU DEO VS. COMMISSIONER OF WEALTH TAX [LAWS(MPH)-1985-12-42] [REFERRED TO]
C V MATHUKUTTY VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1976-6-1] [REFERRED TO]
JAGAN NATH PYARE LAL VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1973-2-5] [REFERRED TO]
HIGHWAY MOTORS PRIVATE LIMITED VS. STATE OF PUNJAB [LAWS(P&H)-1981-9-7] [REFERRED TO]
RAJ SINGH BALDEV KISHAN VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1968-8-4] [REFERRED TO]
STATE OF ORISSA VS. ORISSA FISHERIES DEVELOPMENT CORPORATION LIMITED [LAWS(ORI)-1975-10-3] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. CHEMMEENS AND G. GANGADHARAN NAIR [LAWS(KER)-2003-7-79] [REFERRED TO]
DIRECTOR INCOME TAX INTERNATIONAL TAXATION VS. HYUNDAI HEAVY INDUSTRIES CO LTD [LAWS(UTN)-2019-3-45] [REFERRED TO]
ADDITIONAL COMMISSIONER OF INCOME TAX VS. OMARKHAN G M [LAWS(APH)-1977-9-35] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. DORR OLIVER INDIA LIMITED [LAWS(BOM)-1993-9-93] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. CLIVE INSURANCE CO LTD [LAWS(CAL)-1971-5-14] [REFERRED TO]
REFORM FLOUR MILLS P LTD VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1975-6-26] [REFERRED TO]
DUNCAN BROTHERS AND CO LTD VS. COMMISSIONER OF INCOME TAX CENTRAL [LAWS(CAL)-1978-8-6] [REFERRED TO]
HANUMAN ESTATE (PRIVATE) LTD VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1964-12-31] [REFERRED]
FEDERATION OF RETAIL TRADERS WELFARE ASSOCIATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-2-158] [REFERRED TO]
MANOJ KUMAR KANUGA VS. MARUDHAR POWER PVT LTD [LAWS(APH)-2013-4-25] [REFERRED TO]
VENKAT N.R.AKKINENI VS. APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, MINISTRY OF LAW JUSTICE & COMPANY AFFAIRS [LAWS(APH)-2013-4-45] [REFERRED TO]
SRIDHAR DECD VS. COMMISSIONER OF WEALTH TAX [LAWS(ALL)-1985-3-56] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. HARI CHAND AND LAKHPAT SINGH [LAWS(ALL)-1991-10-31] [REFERRED TO]
ARUN KUMAR TANTIA VS. OM PRAKASH TANTIA [LAWS(CAL)-2010-8-16] [REFERRED TO]
Commissioner of Income Tax VS. Ruby Traders and Exporters Ltd [LAWS(CAL)-2004-9-67] [REFERRED TO]
COMMISSIONER OF INCOME TAX DELHI COMMISSIONER OF INCOME TAX BIHAR PATNA VS. BANSI DHAR AND SONS:CHATHURAM BHADANI [LAWS(SC)-1985-12-10] [RELIED ON]
COMMISSIONER OF INCOME TAX VS. ESSAR TELEHOLDING LTD.MANAGER [LAWS(SC)-2018-1-87] [REFERRED TO]
COMMERCIAL TAXES OFFICER ANTI-EVASION JAIPUR VS. SPENCER AND CO LTD [LAWS(RAJ)-1984-3-24] [REFERRED TO]
OSWAL AGRO MILLS LTD VS. STATE OF PUNJAB [LAWS(P&H)-1995-9-3] [REFERRED TO]
AMBALA CANTT ELECTRIC SUPPLY CORPORATION LTD VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1981-7-2] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. TULSI RAM KARAM CHAND [LAWS(P&H)-1978-11-2] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. PUNJAB IRON AND STEEL CO P LTD [LAWS(P&H)-1979-10-7] [REFERRED TO (SC);]
GROZ-BECKERT SABOO LTD VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1979-9-4] [REFERRED TO]
KARIMTHARUVI TEA ESTATE LIMITED VS. STATE OF KERALA [LAWS(SC)-1965-12-20] [REVERSED]
KESHAV MILLS CO LIMITED PETLAD VS. COMMISSIONER OF INCOME TAX BOMBAY NORTH AHMEDABAD [LAWS(SC)-1965-2-22] [REFERRED 13.]
RM AR AR RM AR RAMANATHAN CHETTIAR VS. COMMISSIONER OF INCOME TAX MADRAS [LAWS(SC)-1966-10-38] [REFERRED 4 <FV>APPEAL DISMISSED</FV> <ADV>K. SEN,R. GANAPATHI IYER,B. SEN,A. N. KIRPAL,R. N. SACHTHE]
J K SYNTHETICS LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(DLH)-1990-11-34] [REFERRED TO]
COMMISSIONER, SALES TAX VS. AURAIYA CHAMBERS OF COMMERCE [LAWS(ALL)-1970-8-52] [REFERRED]
GAJADHAR SINGH VS. HANWANT SINGH [LAWS(ALL)-1976-11-27] [REFERRED TO]
VISHNU KUMAR GUPTA VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1982-5-97] [REFERRED TO]
PREMIER INSURANCE COMPANY LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(MAD)-1976-10-27] [REFERRED TO]
MAMMON K CHERIAN VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1975-3-22] [REFERRED TO]
STATE OF KERALA VS. RAMAKRISHNAN M V [LAWS(KER)-1950-9-1] [REFERRED TO]
SHREE NARSINGH TRADING CO VS. STATE OF ORISSA [LAWS(ORI)-1974-2-4] [REFERRED TO]
BRIHAN KARAN SUGAR SYNDICATE PRIVATE LIMITED VS. KARMAVEER SHANKARRAO KALE SHAHAKARI SAKHAR KARKHANA LIMITED [LAWS(BOM)-2018-2-115] [REFERRED TO]
COMMISSIONER, COMMERCIAL TAX VS. TEWARI EXPORT [LAWS(ALL)-2014-7-93] [REFERRED TO]
UNIVABS SLEEPERS PVT. LTD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-9-3] [REFERRED TO]
KRISHNA MINING COMPANY VS. COMMISSIONER OF INCOME TAX [LAWS(APH)-1970-11-25] [REFERRED TO]
ANDHRA PRADESH CO OPERATIVE CENTRAL LAND MORTGAGE BANK LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(APH)-1971-9-16] [REFERRED TO]
ABDUL HAMEED KHAN VS. COMMISSIONER OF INCOME TAX ANDHRA PRADESH HYDERABAD [LAWS(APH)-1965-11-1] [REFERRED TO]
BHUPATIRAJU NARASIMHA RAJU VS. COMMISSIONER OF GIFT TAX ANDHRA PRADESH HYDERABAD [LAWS(APH)-1965-4-3] [REFERRED TO]
NUPUR MITRA VS. BASUBANI PVT LTD [LAWS(CAL)-1999-2-23] [REFERRED TO]
DWARKA PRASAD BAJAJ VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1979-5-3] [REFERRED TO]
STATE OF GUJARAT VS. PATEL KALIDAS NARANBHAI [LAWS(GJH)-1964-12-3] [REFERRED TO]
POKARDAS AND BRORS VS. STATE OF GUJARAT [LAWS(GJH)-1981-9-13] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. RAI BAHADUR M S OBEROI [LAWS(CAL)-1968-11-18] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SUPERINTENDENCE AND CO OF INDIA P LTD [LAWS(CAL)-1980-2-15] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. BENGAL ASSAM STEAMSHIP CO LTD [LAWS(CAL)-1986-6-21] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. DEEPAK NITRITE LIMITED [LAWS(GJH)-1998-6-36] [REFERRED TO]
N RAM VS. N RAVI [LAWS(MAD)-2011-7-11] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SHIV NATH PRASAD [LAWS(ALL)-1970-3-9] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. MOTILAL PADAMPAT SUGAR MILLS CO P LIMITED [LAWS(ALL)-1976-10-34] [REFERRED TO]
COMMISSIONER OF INCOME TAX DELHI X VS. KASHMIR SINGH [LAWS(DLH)-1998-2-7] [REFERRED]
A.K. SUBRAMANI VS. COMMISSIONER OF CUSTOMS (PORT [LAWS(MAD)-2017-4-237] [REFERRED TO]
ADAIKKAPPA CHETTIAR VR C RM VS. COMMISSIONER OF INCOME TAX [LAWS(MAD)-1969-12-11] [REFERRED TO]
COMMISSIONER OF GIFT TAX VS. MOONGHIBAI GOENKA SMT LATE [LAWS(MAD)-1976-8-26] [REFERRED TO]
KAMAL CHAND JAIN VS. INCOME TAX OFFICER [LAWS(DLH)-2005-5-216] [REFERRED TO]
BIAORA CONSTRUCTIONS PVT LTD VS. COMMISSIONER OF INCOME TAX [LAWS(MPH)-2006-7-28] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. FIRST LEASING CO OF INDIA LIMITED [LAWS(MAD)-1996-9-124] [REFERRED]
SHIVA GUN FACTORY VS. COMMISSIONER OF INCOME TAX [LAWS(J&K)-1993-4-3] [REFERRED TO]
SETH BALKISHAN DAS VS. COMMISSIONER OF INCOME TAX [LAWS(P&H)-1965-12-13] [REFERRED TO]
THE MALABAR CO-OPERATIVE CENTRAL BANK LTD. VS. THE COMMISSIONER OF INCOME TAX, KERALA [LAWS(KER)-1972-10-30] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. SHADI LAL PURI [LAWS(P&H)-1995-1-123] [REFERRED TO]
CHANANA ASSOCIATES VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1996-7-97] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. LAXMI DYEING AND FINISHING FACTORY [LAWS(P&H)-1985-11-14] [REFERRED TO]
R K PALSHIKAR HUF VS. COMMISSIONER OF INCOME TAX M P NAGPUR [LAWS(SC)-1988-5-57] [FOLLOWED]
M B ABDULLA M B ABDULLA VS. COMMISSIONER OF INCOME TAX KERALA:INCOME TAX OFFICER KERALA [LAWS(SC)-1990-3-51] [REFERRED TO]
ADDITIONAL COMMISSIONER OF INCOME TAX VS. MOTIPUR SUGAR FACTORY PRIVATE LIMITED [LAWS(PAT)-1980-12-25] [REFERRED TO]
JHAVERBHAI BIHARI LAL AND COMPANY VS. COMMISSIONER OF INCOME TAX [LAWS(PAT)-1984-7-23] [REFERRED TO]
PURNIMA MANTHENA AND ORS. VS. RENUKA DATLA AND ORS. [LAWS(SC)-2015-10-16] [REFERRED TO]
UTKAL AUTOMOBILES PVT LTD VS. STATE OF ORISSA [LAWS(ORI)-1984-1-25] [REFERRED TO]
ASSOCIATION OF PLANTERS OF KERALA VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1990-2-11] [REFERRED TO]
MALHOTRA V S VS. UNION OF INDIA [LAWS(DLH)-1972-2-1] [REFERRED TO]
SUDHANSU KUMAR BOSE VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1984-2-25] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. C RATAN AND CO AND S N AGARWALLA [LAWS(CAL)-1980-6-14] [REFERRED TO]
MAHABIR INDUSTRIES VS. COMMISSIONER OF INCOME TAX [LAWS(GAU)-1996-6-38] [REFERRED TO]
ANAND RAM RAITANI VS. COMMISSIONER OF INCOME TAX [LAWS(GAU)-1996-8-39] [REFERRED TO]
Commissioner of Income tax VS. General Industrial Society Ltd [LAWS(CAL)-2003-3-40] [REFERRED TO]
VISHAL ISHWAR KULTHE VS. STATE OF MAHARASHTRA THROUGH THE SECRETARY TO THE URBAN DEVELOPMENT DEPARTMENT [LAWS(BOM)-2012-12-2] [REFERRED TO]
ASHWANI KUMAR VS. STATE OF H.P. [LAWS(HPH)-1974-7-3] [REFERRED TO]
THE STATE OF ANDHRA PRADESH VS. THE INDIAN HUME PIPE CO. LTD. [LAWS(APH)-2015-6-87] [REFERRED TO]
COMMISSIONER OF CENTRAL EXCISE VS. TIBREVALA ELECTRONICS LTD [LAWS(APH)-2014-2-148] [REFERRED TO]
C.D.S. PRAKASA RAO VS. THE COMMISSIONER OF WEALTH TAX [LAWS(APH)-2014-6-170] [REFERRED TO]
HOTEL ALAKANANDA VS. COMMERCIAL TAX OFFICER [LAWS(KER)-2018-1-315] [REFERRED TO]
SIDDHESWARI COTTON MILLS P LTD VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1978-3-67] [REFERRED TO]
BASDEO AGARWALLA VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1975-5-22] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. INDIAN MOLASSES CO PR LTD [LAWS(CAL)-1966-3-14] [REFERRED TO]
BIDU BHUSAN SARCAR VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-1962-1-14] [REFERRED TO]
COMMISSIONER CENTRAL EXCISE VS. GEMINI SILK LTD [LAWS(PAT)-2002-2-81] [REFERRED TO]
KUNJHARAM JOSEPH VS. COMMISSIONER OF GIFT TAX [LAWS(KER)-1971-11-21] [REFERRED TO]
SANKARAN K VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1978-3-27] [REFERRED TO]
COMMISSIONER OF GIFT TAX VS. MADHAVAN VALIATHAN V DR [LAWS(KER)-1967-9-18] [REFERRED TO]
RAGHUNANDAN PRASAD MOHAN LAL BAREILLY VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(ALL)-1969-3-12] [REFERRED TO]
J K HOSIERY FACTORY VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-1970-12-7] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. DEV JAIMEHI ICE AND COLD STORAGE [LAWS(ALL)-1984-9-25] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. GUJARAT STATE FINANCIAL SERVICES LTD [LAWS(GJH)-2014-2-170] [REFERRED TO]
BALKISHAN DAS VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1965-12-5] [REFERRED TO]
GOPAL KRISHAN JOSHI VS. COMMISSIONER OF INCOME TAX [LAWS(RAJ)-1973-1-10] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. BIRAD KANWARJI H H [LAWS(RAJ)-1978-2-19] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. GOLCHA PROPERTIES PRIVATE LIMITED [LAWS(RAJ)-1979-11-32] [REFERRED TO]
TRIVEDI S M VS. ADDITIONAL COMMISSIONER OF INCOME TAX NO 2 [LAWS(MPH)-1979-8-26] [REFERRED TO]
SUKHLAL BHANWARLAL (HUF) VS. COMMISSIONER OF INCOME-TAX [LAWS(MPH)-1996-9-101] [REFERRED]
AHAMED KABEER VS. STATE OF KERALA [LAWS(KER)-2014-4-95] [REFERRED TO]
EAST INDIA INDUSTRIES MADRAS PRIVATE LIMITED MADRAS VS. COMMISSIONER OF INCOME TAX MADRAS [LAWS(SC)-1967-4-23] [REFERRED TO]
TRAVANCORE CHEMICAL AND MANUFACTURING COMPANY LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1996-9-43] [REFERRED TO]
BUILDERS ASSOCIATION OF INDIA VS. STATE OF U P [LAWS(ALL)-2012-8-18] [REFERRED TO]
MOHAMEDALI ESMAIL VS. COMMISSIONER OF SALES TAX [LAWS(BOM)-1990-1-28] [REFERRED TO]
COMMISSIONER OF INCOME TAX CENTRAL VS. BURMAH SHELL OIL STORAGE AND DISTRIBUTION CO OF INDIA LTD [LAWS(CAL)-1977-6-34] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. KAMAL SINGH RAMPURIA [LAWS(CAL)-1965-2-13] [REFERRED TO]
SARDAR AJAIB SINGH CALCUTTA VS. COMMISSIONER OF WEALTH TAX W B [LAWS(CAL)-1967-8-9] [REFERRED TO]
C GOKALDAS AND CO VS. STATE OF GUJARAT [LAWS(GJH)-1964-11-18] [REFERRED]
COMMISSIONER OF INCOME TAX VS. PREMCHAND JUTE MILLS LTD [LAWS(CAL)-1986-3-22] [REFERRED TO]
POWER FINANCE CORPORATION LTD VS. ADDITIONAL COMMISSIONER OF INCOME TAX [LAWS(DLH)-2011-11-179] [REFERRED TO]
COMMISSIONER OF SALES TAX VS. LIOYDS SALES CORPORATION [LAWS(DLH)-2009-1-82] [REFERRED TO]
COMMISSIONER OF INCOME TAX ANDHRA PRADESH HYDERABAD VS. H E H OSMAN ALI KHAN BAHADUR DIED H E H BARKAT ALI KHAN BAHADUR NIZAM OF HYDERABAD [LAWS(APH)-1969-7-12] [REFERRED TO]
STATE OF MAHARASHTRA VS. BHARAT PETROLEUM CORPORATION LTD [LAWS(BOM)-2010-4-243] [REFERRED TO]
COMMISSIONER SALES TAX U P LUCKNOW VS. PARSON TOOLS AND PLANTS KANPUR [LAWS(ALL)-1970-1-19] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. GOPAL KRISHNA SINGHANIA [LAWS(ALL)-1971-7-17] [REFERRED TO]
KAUSALYA SANTHANAM VS. AGRICULTURAL INCOME TAX OFFICER [LAWS(MAD)-1977-6-27] [REFERRED TO]
NIKO RESOURCES LIMITED VS. UNION OF INDIA AND ORS. [LAWS(GJH)-2015-3-186] [REFERRED TO]
ADANI POWER LIMITED AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(GJH)-2015-7-30] [REFERRED TO]
SARDAR DEORAO JADHAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1991-4-15] [REFERRED TO]
NATIONAL ENGINEERING AND METAL INDUSTRIES VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-1979-7-5] [REFERRED TO]
PRADEEP PACHIKARA PACHIKARA HOUSE VS. M/S.SELECT SECURITIES LIMITED [LAWS(KER)-2019-3-38] [REFERRED TO]
COMMISSIONER OF WEALTH TAX MADRAS VS. RAMARAJU SURGICAL COTTON MILLS LIMITED [LAWS(SC)-1966-10-27] [REFERRED]
INDIAN OXYGEN LTD VS. STATE OF TAMIL NADU [LAWS(ST)-1999-8-1] [REFERRED TO]
COMMISSIONER OF INCOME TAX WEST BENGAL VS. INDIAN MOLASSES PRIVATE LIMITED [LAWS(SC)-1970-8-39] [DISTINGUISHED]
MEWAR TEXTILE MILLS LTD VS. COMMISSIONER OF INCOME TAX DELHI AND RAJASTHAN DELHI [LAWS(RAJ)-1963-3-11] [REFERRED TO]
ADDITIONAL COMMISSIONER OF INCOME TAX VS. PUNJAB SWEET HOUSE [LAWS(PAT)-1985-9-15] [REFERRED TO]


JUDGEMENT

- (1.)The respondents were the owners of a steam ship called "El Madina". That was requisitioned by the Government during the last world war, and was lost by enemy action on March 16, 1944. As compensation therefor, the Government paid the respondents Rs. 20,00,000 on July 17, 1944; Rs. 23,00,000 on December 22,1944; and Rs. 33,333 on August 10, 1946. The original cost of the ship was Rs. 24,95,016 and its written-down value at the commencement of the year of account was Rs. 15,68,484. The difference between the cost price and the written-down value viz., Rs. 9,26,532 represents the deductions which had been allowed year after year on account of depreciation. As the total compensation received exceeded the cost price, the respondents have recouped themselves all the amounts deducted for depreciation.
(2.)On these facts, the point in controversy between the respondents and the Department is whether the amount of Rs. 9,26,532 is liable to be included in the total income of the company for the year of assessment which is 1946-47. The provision of law under which the charge is sought to be imposed is S. 10(2) (vii) of the Indian Income-tax Act, 1922, hereinafter referred to as the Act, and that is, omitting what is not relevant, as follows:-
"(2) Such profits or gains shall be computed after making the following allowances, namely:-

...... ......... ...... ...... ...... ...... ......

(vii) in respect of any such building, machinery or plant which has been sold or discarded or demolished or destroyed, the amount by which the written down value thereof exceeds the amount for which the building, machinery or plant, as the case may be, is actually sold or its scrap value:

...... ......... ...... ...... ...... ...... ......

Provided further that where any insurance, salvage or compensation moneys are received in respect of any such building, machinery or plant as aforesaid, and the amount of such moneys exceeds the difference between the written down value and the scrap value no amount shall be allowable under this clause and so much of the excess as does not exceed the difference between the original cost and the written down value less the scrap value shall be deemed to be profits of the previous year in which such moneys were received:"

(3.)It is not disputed by the respondents that the sum of Rs. 9,26,532 would be profits liable to be taxed under this proviso, if it applies. Equally it is not disputed by the appellant that apart from this proviso the amount in question could only be regarded as capital receipt, not liable to be taxed. Before the income-tax authorities, the respondents sought to avoid the application of this proviso on the ground that on representations made by them with reference to this very matter, the Board of Revenue had directed that for the purpose of Rule 4, Schedule II, of the Excess Profits Tax Act, 1940, the amount payable as compensation (both the initial advance as well as any further payment that may be made) should be taken into account as though it had actually been received within thirty days of the date of the loss of the ship; and that in consequence the amount should be deemed to have been received on April 16,1944. If that contention is correct, the amounts would have been received, not in the year of account which was July 1, 1944, to June 30, 1945, but in the year previous thereto, and they could not therefore be included in the income of the company for the year of assessment. This contention, however, was rejected by all the income-tax authorities. Dealing with it, the Appellate Tribunal observed in its Order dated July15, 1953, that the concession which the Board of Revenue had intended to give was limited to excess profits tax, and could not in any event be relied on for the purpose of cutting down the operation of the statutory provision enacted in the relevant proviso in S. 10(2)(vii); and that the material date was when the compensation was in fact received - and that was in the year of account and not when it became due and payable, in the year previous thereto. In the result, the Tribunal held that the amount was liable to be included in the total income of the company.


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