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november 1960

Supreme Court of India · 1960-11-30

M/S. S. C. CAMBATTA & CO. PRIVATE LTD., BOMBAY vs THE COMMISSIONER OF EXCESS PROFITS TAX BOMBAY

Citation / case number
SC 1957/60017
Court
Supreme Court of India
Petitioner
M/S. S. C. CAMBATTA & CO. PRIVATE LTD., BOMBAY
Respondent
THE COMMISSIONER OF EXCESS PROFITS TAX BOMBAY
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court addressed the valuation of goodwill under the Excess Profits Tax Act, 1940, specifically under Section 66(1) and Section 66(2). The Court held that goodwill must be assessed considering various factors, including the nature of the business, location, and service quality, rather than solely on leasehold value. The Court concluded that the Tribunal's failure to adequately consider these factors in determining the goodwill value was erroneous, thus allowing the appeal and remanding the case for proper valuation.

M/S. S. C. CAMBATTA & CO. PRIVATE LTD., BOMBAY vs THE COMMISSIONER OF EXCESS PROFITS TAX BOMBAY · Niyam