Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1985

Supreme Court of India · 1985-03-13

THE COMMISSIONER OF WEALTH TAX GUJARAT, AHMEDABAD vs KANTILAL MANILAL ETC. ETC.

Citation / case number
SC 1973/60379
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF WEALTH TAX GUJARAT, AHMEDABAD
Respondent
KANTILAL MANILAL ETC. ETC.
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that to invoke the bar under Section 2(m)(iii)(a) of the Wealth Tax Act, it must be established that an amount of tax is outstanding on the valuation date and that the assessee claims it as not payable. The Court clarified that an amount is considered outstanding if it is payable and remains unpaid, emphasizing the stages of tax liability from its inception to the issuance of a notice of demand. The appeal by the Revenue was dismissed, affirming the High Court's decision in favor of the assessee regarding the admissibility of the deduction claims.

THE COMMISSIONER OF WEALTH TAX GUJARAT, AHMEDABAD vs KANTILAL MANILAL ETC. ETC. · Niyam