Supreme Court · 2017 INSC 22 · Decided 4 January 2017
Gopal and Sons (Huf) v. Cit Kolkata-Xi
- Court
- Supreme Court of India
- Citation
- 2017 INSC 22 · [2017] 1 S.C.R. 86
- Case number
- CIVIL APPEAL No. 12274/2016
- Decided
- 4 January 2017
- Bench
- A.K. SIKRI, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 2(22)(e), 2
Headnote
B c (2017] 1 S.C.R. 86 GOPAL AND SONS (HUF) V. CIT KOLKA1A-XI (Civil Appeal No. 12274 of2016) JANUARY 04, 2017 [A. K. SIKRI AND ADHAY MANOHAR SAPRE, JJ.) Income Tax Act, 1961 - s.2(22)(e), Explanation 3 - Deemed dividend - Appellant-assessee, an HUF subscribed to the shares of a compan~ Assessing shareholder and as the shares of rhe company were .in rhe name of the Karta of HUF and not in name of the HUF. s.2(22)(e) was not attracted - Held: Ar per Explanation J(a) "concern", inter D . alia, means HUF - As per, Explanation 3(b) a person is dee111ed lo have a substantial
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