Supreme Court · 1975 INSC 147 · Decided 31 July 1975

Davenport & CO. PVT. LTD. v. Commissioner of Income-Tax, West Bengal

Court
Supreme Court of India
Citation
1975 INSC 147 · [1976] 1 S.C.R. 180
Case number
CIVIL APPEAL No. 2034/1970
Decided
31 July 1975
Bench
V.R. KRISHNA IYER, R.S. SARKARIA, A.C. GUPTA (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Contract Act Section 30; Income Tax Act Section 24(1)

Headnote

lncome~tax Act·, 1922, Explanation 2 to section 24( 1 )-Tra11sactidn irivolving mere transfer of delivery noks-Loss sustained by the assessee, if as a result of speculati1•e transactions. Indian Sale of Goods Act, 1930, sec. 2(2)-Contract Act, Sec. 30. A B The appellant company which and also acted as agents for selling tea, denved the bulk of it5 income from selling commission on tea. The assessment year in question is C 1959-60. In the relevant previous year which ended on June 30, 1958, the assessee for the first time in its history entered into certain

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