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december 2002

Supreme Court of India · 2002-12-11

Commissioner Of Wealth Tax, Gujarat vs Lov. S. Kinariwala

Citation / case number
AIR 2003 SUPREME COURT 537
Court
Supreme Court of India
Petitioner
Commissioner Of Wealth Tax, Gujarat
Respondent
Lov. S. Kinariwala
Bench
Syed Shah Mohammed Quadri, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the High Court's decision under Section 27(3) of the Wealth Tax Act, affirming that the Income Tax Appellate Tribunal correctly found that the creation of Body of Individuals (B.O.Is.) and the assignment of assets were not sham transactions. The Court distinguished the case from Sunil J. Kinariwala v. Commissioner of Income Tax, emphasizing that the issues of diversion of income and sham transactions are fundamentally different. Consequently, the appeal by the Revenue was dismissed, affirming the lower court's ruling.

Commissioner Of Wealth Tax, Gujarat vs Lov. S. Kinariwala · Niyam