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september 2005

Supreme Court of India · 2005-09-19

M/S. GEORGE WILLIAMSON (ASSAM) LTD. vs COMMNR. OF INCOME TAX, GUWAHATI

Citation / case number
SC 2003/21103
Court
Supreme Court of India
Petitioner
M/S. GEORGE WILLIAMSON (ASSAM) LTD.
Respondent
COMMNR. OF INCOME TAX, GUWAHATI
Author
AR. Lakshmanan
Bench
P.P. NAOLEKAR DR. AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court addressed the interpretation of Explanation 1 to Rule 2 of the Second Schedule to the Companies (Profits) Surtax Act, 1964, in the context of a takeover of Indian undertakings of sterling tea companies. The Court held that the Reserve Bank of India's approval for the acquisition, which mandated no depletion in net assets, was valid and binding. The judgment reversed the Gauhati High Court's decision, thereby upholding the appellate tribunal's order regarding the appellant company's compliance with the stipulated financial requirements.

M/S. GEORGE WILLIAMSON (ASSAM) LTD. vs COMMNR. OF INCOME TAX, GUWAHATI · Niyam