Supreme Court · 1973 INSC 78 · Decided 10 April 1973

Commissioner of Income-Tax, West Bengal Calcutta v. Calcutta Discount CO., LTD.

Court
Supreme Court of India
Citation
1973 INSC 78 · [1973] 3 S.C.R. 952
Case number
CIVIL APPEAL No. 495/1970
Decided
10 April 1973
Bench
K.S. HEGDE, HANS RAJ KHANNA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 66(1)

Headnote

lncome-tax-Riglzt of assessee to avoid tax. ,4 ppel/ate Tribunal-Disposal of appeal on ' teclmica/ities-Duty tu con- shirr substance of the matter. . The assessee company floated a subsidiary co.mpany during the ~ele- \'ant previous year and transferred to that su}J~tdtary company vanou5 lncome-tlx Act. 1922. held that the assessee and its subsidiary were two different kg01J entities that the transact:on was a bona fide transacttnn and that the assessee had not maJe any secret profits out of that transaction. The locomc-tax Officer, however, valued the shares transferred at the

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