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.