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may 1998

Supreme Court of India · 1998-05-14

THE COMMISSIONER OF INCOME-TAX, MADHYA PRADESH, BHOPAL vs H.H. MAHARANI USHA DEVI

Citation / case number
SC 1983/66085
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME-TAX, MADHYA PRADESH, BHOPAL
Respondent
H.H. MAHARANI USHA DEVI
Author
Sujata. V. Manohar
Bench
S. RAJENDRA BABU SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court held that heirloom jewellery, although not used daily, qualifies as 'personal effects' under Section 2(14) of the Income-tax Act, 1961, and thus the sale of such jewellery does not result in taxable capital gains. The Court affirmed the High Court's decision that the nature of the jewellery, meant for personal use during ceremonial occasions, does not negate its classification as personal effects. Consequently, the appeal against the High Court's ruling was dismissed, upholding the assessee's claim.

THE COMMISSIONER OF INCOME-TAX, MADHYA PRADESH, BHOPAL vs H.H. MAHARANI USHA DEVI · Niyam