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november 1960

Supreme Court of India · 1960-11-30

MAHARAJA CHINTAMANI SARAN NATH SAH DEO vs THE COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA

Citation / case number
SC 1957/60018
Court
Supreme Court of India
Petitioner
MAHARAJA CHINTAMANI SARAN NATH SAH DEO
Respondent
THE COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the amounts received by the appellant, a Zamindar, for granting licenses to prospect bauxite were capital receipts and not liable to income tax under the Income Tax Act. The Court interpreted the transaction as a grant of a right to a portion of capital rather than merely the use of capital. This decision overturned the Income-tax Appellate Tribunal's ruling that classified the receipts as revenue, thereby affirming the High Court's judgment in favor of the appellant.

MAHARAJA CHINTAMANI SARAN NATH SAH DEO vs THE COMMISSIONER OF INCOME-TAX, BIHAR & ORISSA · Niyam