Supreme Court of India · 1960-12-05
M/s. RAMNARAIN SONS (Pr.) LTD. vs COMMISSIONER OF INCOME TAX, BOMBAY
- Citation / case number
- SC 1957/60015
- Court
- Supreme Court of India
- Petitioner
- M/s. RAMNARAIN SONS (Pr.) LTD.
- Respondent
- COMMISSIONER OF INCOME TAX, BOMBAY
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's decision that the loss incurred by the appellants from the sale of shares, purchased to acquire managing agency rights, was of a capital nature under the Indian Income-Tax Act, 1922. The Court clarified that the intention behind the acquisition was not for trading but for obtaining a capital asset, thus disallowing the revenue loss claim. The ruling emphasized that transactions must be assessed based on the intention of the assessee in relation to trade or business.