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november 1967

Supreme Court of India · 1967-11-08

COMMISSIONER OF INCOME-TAX, MADHYA PRADESH vs DEWAS CINE CORPORATION

Citation / case number
SC 1966/60094
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, MADHYA PRADESH
Respondent
DEWAS CINE CORPORATION
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the return of cinema theatres to their original owners upon dissolution of a partnership does not constitute a 'sale' under Section 10(2)(vii) of the Indian Income-tax Act, 1922. The Court clarified that the terms 'sold' and 'transfer' in the Act should be interpreted in their ordinary meaning, and the adjustment of partners' rights in a dissolved firm does not equate to a sale. Consequently, the High Court's ruling favoring the assesses was upheld, affirming that the adjustments made did not trigger tax implications under the cited provisions.

COMMISSIONER OF INCOME-TAX, MADHYA PRADESH vs DEWAS CINE CORPORATION · Niyam