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september 2002

Supreme Court of India · 2002-09-06

Polyflex (India) Pvt. Ltd vs Commissioner Of Income Tax, Karnataka

Citation / case number
AIR 2002 SUPREME COURT 3145
Court
Supreme Court of India
Petitioner
Polyflex (India) Pvt. Ltd
Respondent
Commissioner Of Income Tax, Karnataka
Author
P. Venkatarama Reddi
Bench
S. Rajendra Babu, K.G. Balakrishnan, P. Venkatarama Reddi

Judgment text excerpt

The case examines whether a refund of excise duty constitutes a 'remission or cessation of trading liability' under Section 41(1) of the Income Tax Act. The central issue is whether such a refund is taxable in the year of receipt, especially when the underlying liability was contested in litigation. The court analyzed the nature of the refund to determine its applicability as taxable income under the specified statutory provision.

Polyflex (India) Pvt. Ltd vs Commissioner Of Income Tax, Karnataka · Niyam