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october 1953

Supreme Court of India · 1953-10-08

COMMISSIONER OF INCOME-TAX,WEST BENGAL vs MESSRS. JEEWANLAL LTD.

Citation / case number
SC 1952/49
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX,WEST BENGAL
Respondent
MESSRS. JEEWANLAL LTD.
Bench
SASTRI, M. PATANJALI (CJ),DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court ruled that under Section 2(11) of the Excess Profits Tax Act, 1940, a company is considered 'director controlled' only if its directors hold a majority of the voting shares and are registered as such. The Court clarified that the authorization of a director by another company to vote on its behalf does not suffice to classify the former as a director controlled company. The appeal from the Calcutta High Court's decision affirming the Income-tax Appellate Tribunal's ruling was dismissed, upholding the Tribunal's interpretation of controlling interest.

COMMISSIONER OF INCOME-TAX,WEST BENGAL vs MESSRS. JEEWANLAL LTD. · Niyam