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september 2000

Supreme Court of India · 2000-09-12

Gorelal Dubey vs Commissioner Of Income-Tax

Citation / case number
AIRONLINE 2000 SC 812
Court
Supreme Court of India
Petitioner
Gorelal Dubey
Respondent
Commissioner Of Income-Tax
Bench
S.P. Bharucha, V.N. Khare

Judgment text excerpt

The Supreme Court affirmed the High Court's decision, holding that royalty constitutes a tax within the meaning of Section 43B of the Income-tax Act, 1961. The Court referenced the Constitution Bench judgment in India Cement Ltd. v. State of Tamil Nadu [1991] 188 ITR 690 (SC), which established that royalty is a tax for all purposes. Consequently, the appeal was dismissed without any order as to costs.

Gorelal Dubey vs Commissioner Of Income-Tax · Niyam