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november 1977

Supreme Court of India · 1977-11-04

RAMACHANDER SHIV NARAYAN vs COMMISSIONER OF INCOME TAX,ANDHRA PRADESH, HYDERABAD

Citation / case number
SC 1972/60273
Court
Supreme Court of India
Petitioner
RAMACHANDER SHIV NARAYAN
Respondent
COMMISSIONER OF INCOME TAX,ANDHRA PRADESH, HYDERABAD
Bench
UNTWALIA, N.L.

Judgment text excerpt

The Supreme Court held that a loss of money by theft can be considered a trading loss under Section 10(2)(xv) of the Income Tax Act, 1922, and Section 37 of the Income Tax Act, 1961. The Court emphasized that the distinction between trading loss and capital loss is subtle, and losses that are incidental to business operations should be deductible. The Court allowed the appeal, reversing the High Court's decision, and ruled that the loss of Rs. 30,000 due to theft was permissible as a deduction in the computation of net income.

RAMACHANDER SHIV NARAYAN vs COMMISSIONER OF INCOME TAX,ANDHRA PRADESH, HYDERABAD · Niyam