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november 1967

Supreme Court of India · 1967-11-24

KHAN BAHADUR AHMED ALLADIN & SONS vs COMMISSIONER OF INCOME-TAX, ANDHRA PRADESH

Citation / case number
SC 1966/60087
Court
Supreme Court of India
Petitioner
KHAN BAHADUR AHMED ALLADIN & SONS
Respondent
COMMISSIONER OF INCOME-TAX, ANDHRA PRADESH
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that the transaction involving the purchase and subsequent sale of a Brengun factory constituted an 'adventure in the nature of trade' under Section 2(4) of the Indian Income-tax Act, 1922. The Court emphasized that the determination of such a transaction is a mixed question of law and fact, requiring consideration of all relevant circumstances. The appeal was dismissed, affirming the lower courts' findings that the firm acted with the intent to profit rather than to make a permanent investment.

KHAN BAHADUR AHMED ALLADIN & SONS vs COMMISSIONER OF INCOME-TAX, ANDHRA PRADESH · Niyam