Supreme Court · 1976 INSC 215 · Decided 10 September 1976
Dalmia Cement Limited v. Commissioner of Income Tax, New Delhi
- Court
- Supreme Court of India
- Citation
- 1976 INSC 215 · [1977] 1 S.C.R. 554
- Case number
- CIVIL APPEAL No. 1437/1971
- Decided
- 10 September 1976
- Bench
- A.N. RAY, M. HAMEEDULLAH BEG, P.N. SHINGAL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 2(4), 66(l)
Headnote
Income Tax Act, 1922, s. 2(4)-When can a single and isolated sale be a business transaction within the meaning of-Onus probandi 011 the Taxation Department-Initial purchase with intention of advantageous sale-Earning pro­ fit on delivery of goods not necessary. In 1946, ·the appellant from a firm in Denmark, for its f~ctory in Dandot, but long before the machinery was due, the country was parlit10ned and Dando! went to Pakistan. Instead of cancelling his order, the appellant imported the machinery. It was found that the appellant did so with the intention of selling it at a
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