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july 1986

Supreme Court of India · 1986-07-16

JAGDISH SUGAR MILLS LTD. vs THE C.I.T LUCKNOW

Citation / case number
SC 1974/60420
Court
Supreme Court of India
Petitioner
JAGDISH SUGAR MILLS LTD.
Respondent
THE C.I.T LUCKNOW
Bench
PATHAK, R.S.

Judgment text excerpt

The Supreme Court held that the auction sale of properties under the U.P. Zamindari Abolition and Land Reforms Act, 1950, is a valid sale under Section 10(2)(vii) of the Income-tax Act, 1922, despite being compulsory. The Court clarified that the sale is deemed to occur at the time of the auction, not when the sale certificate is issued, thus making it subject to capital gains tax under Section 12B. The appeal by the assessee was dismissed, affirming the High Court's decision in favor of the Revenue.

JAGDISH SUGAR MILLS LTD. vs THE C.I.T LUCKNOW · Niyam