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september 1971

Supreme Court of India · 1971-09-24

COMMISSIONER OF INCOME-TAX (CENTRAL),NEW DELHI vs M/S. S. ZORASTER & COMPANY

Citation / case number
SC 1968/60387
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX (CENTRAL),NEW DELHI
Respondent
M/S. S. ZORASTER & COMPANY
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court addressed the issue of whether amounts represented by cheques cashed at Bombay were taxable under the Income-tax Act, 1922. The Court upheld the High Court's finding that the cheques were received by the assessee outside the taxable territory, thus not subject to taxation. The Court clarified that the Revenue failed to prove the posting of cheques at Delhi, and therefore, no presumption under Section 114 of the Evidence Act could be drawn. The appeal was dismissed, and the High Court's certificate for appeal was set aside.

COMMISSIONER OF INCOME-TAX (CENTRAL),NEW DELHI vs M/S. S. ZORASTER & COMPANY · Niyam