Supreme Court · 1960 INSC 265 · Decided 13 December 1960
Diamond Sugar Mills LTD., and Another v. The State of Uttar Pradesh and Another
- Court
- Supreme Court of India
- Citation
- 1960 INSC 265 · [1961] 3 S.C.R. 242
- Case number
- CIVIL APPEAL No. 35/1959
- Decided
- 13 December 1960
- Bench
- SYED JAFFER IMAM, J.L. KAPUR, K.C. DAS GUPTA, RAGHUBAR DAYAL, N. RAJAGOPALA AYYANGAR (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
COURT REPORTS I (1961] Finance Act was not applicable in that pa.se. In the The Income-ta:¥ second there was no profit in any preceding year and Officer, Alwaye therefore the fiction failed because it postulates that v. there should be undistributed profits of one or more lte Asok and what was actually taxed was never a part of the total income of the previous year. .rg6o December I3. In our opinion the order of the High Court was erroneous. We therefore allow this appeal and set aside the judgment and order of the High Court with costs in this court and in the High
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