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may 1957

Supreme Court of India · 1957-05-22

THE ORIENTAL INVESTMENT CO., LTD. vs THE COMMISSIONER OF INCOME-TAX,BOMBAY.

Citation / case number
SC 1954/90278
Court
Supreme Court of India
Petitioner
THE ORIENTAL INVESTMENT CO., LTD.
Respondent
THE COMMISSIONER OF INCOME-TAX,BOMBAY.
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the classification of the appellant company as a dealer or investor for income tax purposes is a mixed question of law and fact, as per the Income Tax Act. The Court found that the legal effect of the facts established by the Tribunal, which determined the company's activities in dealing with shares and properties, constitutes a question of law. Consequently, the High Court's order was set aside, and the case was remitted for further proceedings to clarify the legal questions involved.

THE ORIENTAL INVESTMENT CO., LTD. vs THE COMMISSIONER OF INCOME-TAX,BOMBAY. · Niyam