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august 1996

Supreme Court of India · 1996-08-14

COMMISSIONER OF INCOME TAX, CALCUTTA vs KARAM CHAND THAPAR AND OTHERS

Citation / case number
SC 1975/60592
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX, CALCUTTA
Respondent
KARAM CHAND THAPAR AND OTHERS
Author
S.C. SEN
Bench
S.C. SEN

Judgment text excerpt

The Supreme Court addressed the issue of whether amounts received by the assessee as 'under-charges' constituted trading receipts under the Income Tax Act. The Court held that these amounts were indeed trading receipts and thus assessable as income for the assessment years 1953-54 to 1962-63, rejecting the assessee's claim for exemption. The ruling emphasized that the absence of evidence supporting the claim of non-income status for these receipts led to the conclusion that they were taxable under Section 4 of the Income Tax Act.

COMMISSIONER OF INCOME TAX, CALCUTTA vs KARAM CHAND THAPAR AND OTHERS · Niyam