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september 2002

Supreme Court of India · 2002-09-06

M/S POLYFLEX (INDIA) PVT. LTD. vs COMMISSIONER OF INCOME TAX, KARNATAKA

Citation / case number
SC 2000/5979
Court
Supreme Court of India
Petitioner
M/S POLYFLEX (INDIA) PVT. LTD.
Respondent
COMMISSIONER OF INCOME TAX, KARNATAKA
Bench
S. RAJENDRA BABU & K.G. BALAKRISHNAN & P. VENKATARAMA REDDI

Judgment text excerpt

The Supreme Court examined whether a refund of excise duty received by a taxpayer is assessable as income under Section 41(1) of the Income Tax Act. The central issue was whether such a refund constitutes a 'remission or cessation of trading liability' while legal proceedings regarding the liability were still pending. The court analyzed the applicability of tax laws to the recovery of previously paid duties refunded by the government.

M/S POLYFLEX (INDIA) PVT. LTD. vs COMMISSIONER OF INCOME TAX, KARNATAKA · Niyam