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july 1996

Supreme Court of India · 1996-07-16

KALPETTA ESTATES LTD. vs COMMNR. OF INCOME-TAX, COCHIN

Citation / case number
SC 1989/71295
Court
Supreme Court of India
Petitioner
KALPETTA ESTATES LTD.
Respondent
COMMNR. OF INCOME-TAX, COCHIN
Author
K.S. PARIPOORNAN
Bench
K.S. PARIPOORNAN

Judgment text excerpt

The Supreme Court addressed two primary issues regarding the taxation of capital gains under Section 55(2) of the Income Tax Act. It held that capital gains arise when old and uneconomic rubber trees are sold, affirming the High Court's decision that the valuation principle adopted by the Income Tax Officer was valid. Additionally, the Court upheld the Revenue's classification of the rubber replantation subsidy as a revenue receipt, thus subject to taxation. The appeals were dismissed, affirming the High Court's rulings on both counts.

KALPETTA ESTATES LTD. vs COMMNR. OF INCOME-TAX, COCHIN · Niyam