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december 2025

Supreme Court of India · 2025-12-10

National Cooperative Development ... vs Assistant Commissioner Of Income Tax

Court
Supreme Court of India
Petitioner
National Cooperative Development ...
Respondent
Assistant Commissioner Of Income Tax
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined the interpretation of the phrase 'derived from' in the context of Section 36(1)(viii) of the Income Tax Act, 1961, particularly concerning dividend income received on redeemable preference shares. The court analyzed the legislative intent behind the 1995 Finance Act amendment and clarified the scope of 'derived from' to determine the taxability of such dividends. The judgment emphasized the importance of proper statutory interpretation to uphold the legislative purpose. The court ultimately clarified the legal position, impacting the taxation of dividend income in similar cases.

National Cooperative Development ... vs Assistant Commissioner Of Income Tax · Niyam