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october 1995

Supreme Court of India · 1995-10-11

COMMISSIONER OF INCOME TAX vs SMT. PELLETI SRIDERAMMA, NELLORE

Citation / case number
SC 1977/61795
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX
Respondent
SMT. PELLETI SRIDERAMMA, NELLORE
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court held that the capital gain of Rs.58,000 was assessable in the hands of the assessee under Section 64(1)(iv) of the Income Tax Act, 1961, as the income arose from assets transferred to a minor child without adequate consideration. The Court distinguished the facts of the case from the precedent set in Prem Bhai Parekh, agreeing with the Revenue's argument that the case of Sevantilal Maneklal Sheth was more applicable. Consequently, the Court reversed the High Court's decision, ruling in favor of the Revenue.

COMMISSIONER OF INCOME TAX vs SMT. PELLETI SRIDERAMMA, NELLORE · Niyam