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july 1975

Supreme Court of India · 1975-07-28

MADURAI DISTT. CENTRAL COOPERATIVE BANK LTD. vs THE THIRD INCOME-TAX OFFICER, MADURAI

Citation / case number
SC 1970/60387
Court
Supreme Court of India
Petitioner
MADURAI DISTT. CENTRAL COOPERATIVE BANK LTD.
Respondent
THE THIRD INCOME-TAX OFFICER, MADURAI
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court held that under Article 246(1) of the Constitution, Parliament has the exclusive power to impose taxes, including additional surcharges under the Finance Act, 1963. The Court clarified that the appellant, a Cooperative Society, is not liable to pay income tax on its banking income as per Section 81(i)(a) of the Income Tax Act, 1961, but the imposition of an additional surcharge on residual income is valid. The appeal was dismissed as the grievance regarding the tax exceeding taxable income does not invalidate the provisions of the Finance Act.

MADURAI DISTT. CENTRAL COOPERATIVE BANK LTD. vs THE THIRD INCOME-TAX OFFICER, MADURAI · Niyam