Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1964

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.

GILLANDERS ARBUTHNOT AND CO., LTD. vs THE COMMISSIONER OF INCOME-TAX, CALCUTTA · Niyam