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november 1975

Supreme Court of India · 1975-11-21

M/S. CHIDAMBARAM MULRAK & CO. PVT. LTD. vs COMMISSIONER OF INCOME TAX, BOMBAY CITY I

Citation / case number
SC 1971/60087
Court
Supreme Court of India
Petitioner
M/S. CHIDAMBARAM MULRAK & CO. PVT. LTD.
Respondent
COMMISSIONER OF INCOME TAX, BOMBAY CITY I
Bench
GUPTA, A.C.

Judgment text excerpt

The Supreme Court held that under Section 10(5A) of the Indian Income Tax Act, 1922, compensation received for the termination of a managing agency agreement is deemed as income for tax purposes if received during the previous year relevant to the assessment year. The Court affirmed that the amount of Rs. 10,00,000 received by the assessee in October 1953 was taxable in the assessment year 1955-56, as it fell within the purview of the newly enacted sub-section. The Court also upheld the Tribunal's decision allowing a deduction of Rs. 6,00,000 for the cost of acquiring the managing agency.

M/S. CHIDAMBARAM MULRAK & CO. PVT. LTD. vs COMMISSIONER OF INCOME TAX, BOMBAY CITY I · Niyam