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september 2017

Supreme Court of India · 2017-09-20

UNION OF INDIA vs M/S. TATA TEA CO. LTD.

Citation / case number
SC 2007/22461
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S. TATA TEA CO. LTD.
Author
ASHOK BHUSHAN A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 115-O of the Income Tax Act, 1961, as inserted by the Finance Act, 1997, affirming the Calcutta High Court's interpretation that additional income tax under this section can only be levied on 40% of the taxable income. The Court clarified that the provision does not impose tax on agricultural income, thus maintaining the legislative competence of the State over agricultural income. The appeals by the Union of India were dismissed, confirming the High Court's ruling without costs.

UNION OF INDIA vs M/S. TATA TEA CO. LTD. · Niyam