Supreme Court of India · 2000-08-09
THE K.C.P. LTD vs COMMR. OF INCOME TAX, BANGALORE
- Citation / case number
- SC 1995/10519
- Court
- Supreme Court of India
- Petitioner
- THE K.C.P. LTD
- Respondent
- COMMR. OF INCOME TAX, BANGALORE
- Author
- R.C.LAHOTI,S.P.BHARUCHA,N.S.HEGDE
- Bench
- R.C.LAHOTI,S.P.BHARUCHA,N.S.HEGDE
Judgment text excerpt
The Supreme Court addressed the legality of the Income-tax Appellate Tribunal's decision regarding excess realisation over the authorised price of sugar under Section 256(1) of the Income-tax Act, 1961. The Court held that the amount of Rs.14,96,130 collected by the appellant company was not taxable as it was not part of trading receipts, given that the interim order of the High Court did not impose a liability to refund the excess amount. The High Court's ruling was upheld, confirming that the excess realisation was not subject to tax.