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september 1979

Supreme Court of India · 1979-09-19

UKHARA ESTATE ZAMINDARIES (PVT.) LTD. vs COMMISSIONER OF INCOME-TAX, WEST BENGAL, CALCUTTA

Citation / case number
SC 1973/60215
Court
Supreme Court of India
Petitioner
UKHARA ESTATE ZAMINDARIES (PVT.) LTD.
Respondent
COMMISSIONER OF INCOME-TAX, WEST BENGAL, CALCUTTA
Bench
TULZAPURKAR, V.D.

Judgment text excerpt

The Supreme Court held that the amounts received by the assessee as salami and compensation for compulsory acquisition of land are to be treated as capital receipts rather than income. The Court emphasized that the nature of the transactions and the purpose for which the company was formed are crucial in determining whether the receipts are capital or income. The Court found that the assessee was not merely managing family assets but was engaged in trading activities, thus allowing the appeal and reversing the High Court's decision.

UKHARA ESTATE ZAMINDARIES (PVT.) LTD. vs COMMISSIONER OF INCOME-TAX, WEST BENGAL, CALCUTTA · Niyam