Supreme Court · 1971 INSC 247 · Decided 16 September 1971

Commissioner of Income Tax, Gujarat v. Distributors (Baroda) (P) LTD.

Court
Supreme Court of India
Citation
1971 INSC 247 · [1972] 1 S.C.R. 726
Case number
CIVIL APPEAL No. 2350/1968
Decided
16 September 1971
Bench
K.S. HEGDE, A.N. GROVER (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 136; Companies Act; Income Tax Act Section 23A

Headnote

OF INCOME TAX, GUJAR4T A v. DISTRIBUTORS (BARODA) (P) LTD. September l 6, 1971 [K. S. HEGDE AND A. N. GROVER, JJ.J Jndian Income.Jax Act, 1922, s. 23A-"ln the case of a co111pany lVhose business consists wholly or mainly in the dealing in or holding of jnvesunent", nzeaning the Nfanaging Agent of two other companies. All the shares held by the assessee com- C pany as its investments were the shares of those two companies. The Income·tax authorities held that the assessee company was an 'investment company' within the scope of s. 23A of the Act and ordered the

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