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october 1958

Supreme Court of India · 1958-10-07

COMMISSIONER OF INCOME-TAX, NAGPUR vs RAI BAHADUR JAIRAM VALJI AND OTHERS

Citation / case number
SC 1954/90250
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, NAGPUR
Respondent
RAI BAHADUR JAIRAM VALJI AND OTHERS
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the sum of Rs. 2,50,000/- paid as solatium for the cancellation of a contract dated May 9, 1940, was a revenue receipt and thus chargeable to tax under the Indian Income-tax Act, 1922. The Court reasoned that the contract was entered into in the ordinary course of business and did not constitute an asset of an enduring character. The High Court's ruling that the amount was not chargeable to tax was overturned, affirming the income tax authorities' position.

COMMISSIONER OF INCOME-TAX, NAGPUR vs RAI BAHADUR JAIRAM VALJI AND OTHERS · Niyam