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.