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august 1972

Supreme Court of India · 1972-08-29

COMMISSIONER OF INCOME-TAX POONA vs M/s. MANNA RAMJI & CO.

Citation / case number
SC 1969/60044
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX POONA
Respondent
M/s. MANNA RAMJI & CO.
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that compensation received for loss of earnings due to requisition of business premises is taxable as revenue receipts under the Indian Income Tax Act, 1911. The Court reasoned that since the respondent continued its business in the same premises and was not permanently deprived of its income source, the compensation represented profits that would have been earned. The appeal by the revenue was allowed, affirming the High Court's decision that the compensation was not a capital receipt.

COMMISSIONER OF INCOME-TAX POONA vs M/s. MANNA RAMJI & CO. · Niyam