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may 1960

Supreme Court of India · 1960-05-04

THE COMMISSIONER OF INCOME-TAX,BOMBAY CITY vs THE KHATAU MAKANJI SPINNING ANDWEAVING CO. LTD., BOMBAY.

Citation / case number
SC 1958/8
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME-TAX,BOMBAY CITY
Respondent
THE KHATAU MAKANJI SPINNING ANDWEAVING CO. LTD., BOMBAY.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that the additional income-tax imposed under the Indian Finance Act, 1953, was not validly charged as it did not align with the definition of 'total income' under Section 3 of the Indian Income-tax Act, 1922. The Court affirmed the High Court's ruling that the Finance Act's provisions exceeded its intended purpose by taxing accumulated profits not deemed as part of the total income for the previous year. Consequently, the appeal by the Commissioner of Income-tax was dismissed, upholding the High Court's negative response to the question of legality regarding the additional income-tax.

THE COMMISSIONER OF INCOME-TAX,BOMBAY CITY vs THE KHATAU MAKANJI SPINNING ANDWEAVING CO. LTD., BOMBAY. · Niyam