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november 1965

Supreme Court of India · 1965-11-24

KESORAM INDUSTRIES & COTTON MILLS LTD. vs COMNMISSIONER OF WEALTH TAX, (CENTRAL) CALCUTTA

Citation / case number
SC 1964/90342
Court
Supreme Court of India
Petitioner
KESORAM INDUSTRIES & COTTON MILLS LTD.
Respondent
COMNMISSIONER OF WEALTH TAX, (CENTRAL) CALCUTTA
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under Section 7 of the Wealth Tax Act, 1957, the Wealth Tax Officer is justified in accepting the valuation of fixed assets as shown in the balance-sheet on the valuation date. The proposed dividend by the directors was not considered a debt owed by the company on the valuation date, thus not deductible under Section 2(m). However, the liability to pay tax is a debt that arose on the valuation date and is deductible in computing net wealth under Section 2(m). The Court upheld the decisions of the lower authorities regarding asset valuation and dividend treatment.

KESORAM INDUSTRIES & COTTON MILLS LTD. vs COMNMISSIONER OF WEALTH TAX, (CENTRAL) CALCUTTA · Niyam