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.