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march 1969

Supreme Court of India · 1969-03-07

COMMISSIONER OF INCOME-TAX, BIHAR vs RAMNIKLAL KOTHARI

Citation / case number
SC 1966/60359
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, BIHAR
Respondent
RAMNIKLAL KOTHARI
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 10(1) and Section 10(2) of the Income-tax Act, 1922, a partner's share of profits from a registered firm is considered business income, allowing for necessary deductions incurred in earning that income. The Court affirmed the High Court's decision that expenses such as salary, interest, and other remuneration are deductible when computing the partner's taxable income. The judgment disapproved the earlier ruling in M/s. Iswardas Subhkaran v. Commissioner of Income-tax, West Bengal, which restricted such deductions.

COMMISSIONER OF INCOME-TAX, BIHAR vs RAMNIKLAL KOTHARI · Niyam