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december 1960

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.

M/s. RAMNARAIN SONS (Pr.) LTD. vs COMMISSIONER OF INCOME TAX, BOMBAY · Niyam