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march 1965

Supreme Court of India · 1965-03-31

COMMISSIONER OF INCOME TAX vs MUGNEERAM BANGUR & CO.

Citation / case number
SC 1964/90406
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX
Respondent
MUGNEERAM BANGUR & CO.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court ruled that the sale of a business as a going concern, which included land and goodwill, does not automatically attribute part of the slump price to the stock-in-trade, specifically land. The Court held that the assessees were engaged in a business of buying, developing, and selling land, and thus, the entire sale price was not taxable as profit from the sale of land. The decision of the Calcutta High Court was upheld, clarifying that no part of the slump price was attributable to the cost of land sold.

COMMISSIONER OF INCOME TAX vs MUGNEERAM BANGUR & CO. · Niyam