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april 2000

Supreme Court of India · 2000-04-17

COMMISSIONER OF INCOME TAX vs UNITED PROVINCES ELECTRIC SUPPLY CO.

Citation / case number
SC 1988/68104
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX
Respondent
UNITED PROVINCES ELECTRIC SUPPLY CO.
Author
D.P.WADHWA M.B.SHAH
Bench
D.P.WADHWA M.B.SHAH

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 41(2) of the Income Tax Act, 1961, in the context of compensation for compulsory acquisition under the Indian Electricity Act, 1910. The Court upheld the High Court's ruling that the addition of Rs.1,29,35,557/- to the income of the assessee was unjustified as the final compensation had not been determined, and thus Section 41(2) could not be applied. The appeal by the revenue was dismissed, affirming that the revenue could not assess the income until the compensation was settled.

COMMISSIONER OF INCOME TAX vs UNITED PROVINCES ELECTRIC SUPPLY CO. · Niyam