Supreme Court · 1969 INSC 17 · Decided 30 January 1969
Durga Das Khanna v. Commissioner of Income-Tax, Calcutta
- Court
- Supreme Court of India
- Citation
- 1969 INSC 17 · [1969] 3 S.C.R. 462
- Case number
- CIVIL APPEAL No. 873/1966
- Decided
- 30 January 1969
- Bench
- J.C. SHAH, V. RAMASWAMI, A.N. GROVER (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
lncome•tax--CapitaL or Revenue-Thirty years lease of cine1na­ Lessee contributing part of 1noney for construction of cinema-No stipula­ tion that it wt:t.· to be trea1ed as advance rent or salami-Nature of re .. ceipt-Whether taxable. On July 19, 1945 the asscssee took on lease premises so as to convert it into a cinema house but found himself shore of money. As permitted by the terms of his lease he leased the premises on February 23, 1946 to certain parties. According to the terms of the indenlure the lessees agreed to pay him Rs. 55,200 towards construction of the
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