Supreme Court · 1965 INSC 301 · Decided 15 December 1965

First Income-Tax Officer, Salem v. M/S. Short Brothers (P) LTD.

Court
Supreme Court of India
Citation
1965 INSC 301 · [1966] 3 S.C.R. 84
Case number
CIVIL APPEAL No. 97/1965
Decided
15 December 1965
Bench
K. SUBBA RAO, J.C. SHAH, S.M. SIKRI (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 226; Income Tax Act Section 18(3D)

Headnote

Income-tax Act (11 of 1922), ss. 2(6-A)and 12-B-"Accumu/ated Profits", meaning of-If inc/ud<s capital gains from sale of lands yielding agricultural income. After the respondenl-company sold it&bull; asoets, which included agricul&shy; tural lands and buildings, it wa. re3olved that 850,000 to share-holder.. The appellant (Income-tax Officer) proposed to treat the amounts distributed as dividends and to call upon the liquidators to pay the lax under s. 18(3D) of the Income-tax Act, 1922. The liquida&shy; rors contended that the amount was capital appreciation realised by

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