Supreme Court · 1967 INSC 136 · Decided 2 May 1967

Commissioner of Income Tax, Hyderabad v. M/S. Motor and General Stores (P.) LTD.

Court
Supreme Court of India
Citation
1967 INSC 136 · [1967] 3 S.C.R. 876
Case number
CIVIL APPEAL No. 819/1966
Decided
2 May 1967
Bench
J.C. SHAH, S.M. SIKRI, V. RAMASWAMI (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(vii), 66(2)

Headnote

B I,ncome-tox Act, 1922 s. 10(2) (vli)-Assessee selling 'cinenut attd <Jther assets in exchange for shares in another Company-Whether tran&shy; sactum one of 'sale' or 'exchange'-Therefore whether difference be. tween book-value of assets and exchange consideration taxable-Deter- 1nining the respondent private Limited Company owned a cinema house and at a meeting of its Board of Directors on September 9, 1955, it was resolved that the Managing Director may be authorised to nego&bull; tiate with a buyer !or the sale of the entire concern with all its equip&shy; ment and machinery

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