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april 1963

Supreme Court of India · 1963-04-04

RAJA RAMESWARA RAO vs COMMISSIONER OF INCOME-TAX,HYDERABAD

Citation / case number
SC 1962/190
Court
Supreme Court of India
Petitioner
RAJA RAMESWARA RAO
Respondent
COMMISSIONER OF INCOME-TAX,HYDERABAD
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that interim maintenance allowances paid under Section 14 of the Hyderabad (Abolition of Jagirs) Regulation, 1358F, prior to April 1, 1950, are revenue receipts subject to income tax under the Income-tax Act, 1922. The Court distinguished these allowances from the commutation sum, which is a capital receipt, clarifying that the term 'final commutation' in Section 7(2) does not categorize interim allowances as part of the commutation sum. The judgment affirmed the taxability of interim maintenance allowances as income.

RAJA RAMESWARA RAO vs COMMISSIONER OF INCOME-TAX,HYDERABAD · Niyam