Supreme Court · 1965 INSC 235 · Decided 1 November 1965

Commissioner of Income Tax, Calcutta v. Jaipuria China Clay Mines (P) LTD.

Court
Supreme Court of India
Citation
1965 INSC 235 · [1966] 2 S.C.R. 449
Case number
CIVIL APPEAL No. 307/1964
Decided
1 November 1965
Bench
K. SUBBA RAO, J.C. SHAH, S.M. SIKRI (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(vi), 66

Headnote

Income Tax Act 1922-s. 10(2) (vi), proviso (b)-Unahsorbed de­ preciation for previous years~Whether can be set off against profits under other heads than those of the business-.1'. 24(2) Effect of. The Income Tax Officer, after deducting depreciation for the year and an amount in respect of assessee for 1952-53 as nil. He then computed the dividend income at Rs. 2,01,130 and determined the total income at this figure and levied tax on it. The assessee had in its favour unabsorbed depreciation relating to earlier year aggregating to Rs. 76,857 and contended that this amount should be

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