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november 1990

Supreme Court of India · 1990-11-21

RAMPUR DISTILLERY AND CHEMICALS CO. LTD. vs COMMISSIONER OF INCOME-TAX, LUCKNOW

Citation / case number
SC 1975/60512
Court
Supreme Court of India
Petitioner
RAMPUR DISTILLERY AND CHEMICALS CO. LTD.
Respondent
COMMISSIONER OF INCOME-TAX, LUCKNOW
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 16(2) of the Indian Income Tax Act, 1922, a declared dividend is taxable only in the year it is paid, credited, or distributed. The Court found that the dividend declared by the sugar company was unconditionally available to the assessee on January 16, 1952, and thus should be included in the assessment year 1952-53, not 1957-58. The High Court's ruling that the dividend was taxable in 1957-58 was overturned, affirming the Tribunal's decision.

RAMPUR DISTILLERY AND CHEMICALS CO. LTD. vs COMMISSIONER OF INCOME-TAX, LUCKNOW · Niyam