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.