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november 1967

Supreme Court of India · 1967-11-22

SEVANTILAL MANEKLAL SHETH vs COMMISSIONER OF INCOME-TAX (CENTRAL),BOMBAY

Citation / case number
SC 1966/60091
Court
Supreme Court of India
Petitioner
SEVANTILAL MANEKLAL SHETH
Respondent
COMMISSIONER OF INCOME-TAX (CENTRAL),BOMBAY
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the amount of Rs. 70,860, resulting from the sale of shares transferred to the appellant's wife, was properly included in the appellant's income under Section 16(3)(a)(iii) of the Income Tax Act, 1922. The Court clarified that there is no logical distinction between income arising from the transferred asset and income arising from the sale of that asset, affirming that profits or gains from the sale are indeed income. The Court rejected the appellant's argument that capital gains should not be included as income under the statute.

SEVANTILAL MANEKLAL SHETH vs COMMISSIONER OF INCOME-TAX (CENTRAL),BOMBAY · Niyam