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

july 1986

Supreme Court of India · 1986-07-16

MADNANI DEVELOPMENT CORPN. (P) LTD. vs COMMISSIONER OF INCOME-TAX, ORISSA

Citation / case number
SC 1974/60479
Court
Supreme Court of India
Petitioner
MADNANI DEVELOPMENT CORPN. (P) LTD.
Respondent
COMMISSIONER OF INCOME-TAX, ORISSA
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that the loss of Rs.30,045 claimed by the assessee, a contractor, was a capital loss and not a revenue loss, as the land was not part of its stock-in-trade but was acquired for obtaining earth to fulfill a contract. The Court emphasized that the land was treated as a fixed asset in the balance sheet and that the nature of the loss did not qualify for deduction under the Income Tax Act. The High Court's decision was upheld, confirming that the loss was capital in nature and thus not deductible.

MADNANI DEVELOPMENT CORPN. (P) LTD. vs COMMISSIONER OF INCOME-TAX, ORISSA · Niyam