Supreme Court · 2000 INSC 149 · Decided 27 March 2000

Commissioner of Income Tax, Bhopal v. Hindustan Elector Graphites LTD., Indore

Court
Supreme Court of India
Citation
2000 INSC 149 · [2000] 2 S.C.R. 506
Case number
CIVIL APPEAL No. 2454/1998
Decided
27 March 2000
Bench
D.P. WADHWA, RUMA PAL (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 28(iii)(b), 28, 139

Headnote

Income Tax Act, 1961 : S.28(iii)(b) (as inserted by Finance Act, 1990) and ss.143(1A) and 234-Additional tax-Cash compensatory suppo.rt received against exports­ Included under the head "profits aiul gains of business or profession" after the assessee had filed the return-Amendment to tax the. amount of cash compensatory support received by it in the previous year-Revenue treating the amount as additional income and levied income tax thereon at higher rate and also charged interest-Held, levy of additional tax not warranted-Jn the circumstances, provisions.of s.143(1A)

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