Supreme Court of India · 1964-05-01
GILLANDERS ARBUTHNOT AND CO., LTD. vs THE COMMISSIONER OF INCOME-TAX, CALCUTTA
- Citation / case number
- SC 1963/31
- Court
- Supreme Court of India
- Petitioner
- GILLANDERS ARBUTHNOT AND CO., LTD.
- Respondent
- THE COMMISSIONER OF INCOME-TAX, CALCUTTA
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the compensation received by the appellant company for the termination of an agency agreement was revenue in nature and taxable under the Indian Income-tax Act, 1922. The Court reasoned that the cancellation of a single agency, amidst the appellant's diverse business operations, did not constitute a loss of a capital asset but rather a loss of profit. Thus, the amount received was not a capital receipt but income chargeable to tax, affirming the Income-tax Officer's assessment.