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april 1959

Supreme Court of India · 1959-04-20

COMMISSIONER OF INCOME-TAX, WESTBENGAL vs CALCUTTA NATIONAL BANK LIMITED(IN LIQUIDATION)

Citation / case number
SC 1956/55
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, WESTBENGAL
Respondent
CALCUTTA NATIONAL BANK LIMITED(IN LIQUIDATION)
Bench
SINHA, BHUVNESHWAR P.

Judgment text excerpt

The Supreme Court addressed the liability of a banking company to pay excess profits tax on rental income under the Excess Profits Tax Act, 1940, specifically Section 2(5) and Rule 4(4). The Court held that the income derived from property management was part of the business income, as the company's Memorandum of Association included property management as a business objective. The High Court's decision was reversed, affirming that the rental income must be included in profit calculations under the Act.

COMMISSIONER OF INCOME-TAX, WESTBENGAL vs CALCUTTA NATIONAL BANK LIMITED(IN LIQUIDATION) · Niyam