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august 2000

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.

THE K.C.P. LTD vs COMMR. OF INCOME TAX, BANGALORE · Niyam