Supreme Court · 1951 INSC 43 · Decided 1 October 1951

Commissioner of Income Tax, Bombay v. Finlay Mills LTD.

Court
Supreme Court of India
Citation
1951 INSC 43 · [1952] 1 S.C.R. 11
Case number
CIVIL APPEAL No. 103/1950
Decided
1 October 1951
Bench
HARILAL JEKISUNDAS KANIA, MEHR CHAND MAHAJAN, N. CHANDRASEKHARA AIYAR (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(xv)

Headnote

COURT REPORTS 11 1951 -·- We are therefore of the opinion that it was a pan of the normal activtties of the assessee's business to earn money by making use of its machinery by either em- ploying it in its own manufacturing concern or tem- porarily letting it to others for making profit for income earned by it and received from the lessee, Messrs Parakh & Co., was not Commissioner of Excess Profits Tax, Bombay · chargeable to excess profits tax. The result therefore is that we hold that the answer returned by the High Court to the question referred to it by the Tribunal

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