Supreme Court of India

Delhi Farming and Construction (p) Ltd. v. Commissioner of Income Tax, Delhi

Neutral citation
Bench Ruma Pal and B.N. Srikrishna JJ.
Decided 26 March 2003

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.

From the headnote

Income Tax Act, 1961: Sections 2(24)(vi) and (45), 45, 47(viii), 104 and 109(1)-levy of Super Tax on undistributed income of investment company-Capital gain to assessee- company prior to 1.3.1970 by compulsory acquisition of agricultural land­ Decision by Directors of the assessee-company not to use the money for payment of dividend due to past losses and meagreness of the profit for the current years-income tax officer holding the company liable to additional income tax-Propriety of levy-Held : The Capital gain could not have been subjected to tax as it was wholly exempted from 'capital…

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