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february 1976

Supreme Court of India · 1976-02-17

H. H. MAHARAJ RANA HEMANT SINGHJI, DHOLPUR vs COMMISSlONER OF INCOME-TAX, RAJASTHAN

Citation / case number
SC 1971/60081
Court
Supreme Court of India
Petitioner
H. H. MAHARAJ RANA HEMANT SINGHJI, DHOLPUR
Respondent
COMMISSlONER OF INCOME-TAX, RAJASTHAN
Author
JASWANT SINGH
Bench
JASWANT SINGH

Judgment text excerpt

The Supreme Court upheld the Rajasthan High Court's decision affirming that the assets sold by the appellant were capital assets under Section 2(4A) of the Indian Income Tax Act, 1922, and thus chargeable to capital gains tax under Section 12B. The Court clarified that the definition of 'personal effects' does not include items that are not closely associated with the individual, and the voluntary nature of the sale is irrelevant for tax purposes. Consequently, the appeal was dismissed, affirming the tax liability of the appellant.

H. H. MAHARAJ RANA HEMANT SINGHJI, DHOLPUR vs COMMISSlONER OF INCOME-TAX, RAJASTHAN · Niyam