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january 1961

Supreme Court of India · 1961-01-06

THE FIRST NATIONAL CITY BANK vs THE COMMISSIONER OF INCOME-TAX,BOMBAY CITY.

Citation / case number
SC 1958/145
Court
Supreme Court of India
Petitioner
THE FIRST NATIONAL CITY BANK
Respondent
THE COMMISSIONER OF INCOME-TAX,BOMBAY CITY.
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the term 'reserves' in Rule 2(1) of Schedule II of the Business Profits Tax Act, 1947 encompasses 'undivided profits' as maintained by the appellant bank. The Court clarified that these undivided profits are integral to the capital structure and must be included when computing capital and reserves for the purpose of abatement under the Act. Consequently, the appeal was allowed, affirming the inclusion of undivided profits in the assessment.

THE FIRST NATIONAL CITY BANK vs THE COMMISSIONER OF INCOME-TAX,BOMBAY CITY. · Niyam