Supreme Court · 1960 INSC 218 · Decided 24 November 1960

M/S. Haji Aziz and Abdul Shakoor BROS. v. The Commissioner of Income-Tax, Bombay City Ii

Court
Supreme Court of India
Citation
1960 INSC 218 · [1961] 2 S.C.R. 651
Case number
CIVIL APPEAL No. 110/1957
Decided
24 November 1960
Bench
J.L. KAPUR, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(xv); Customs Act

Headnote

SUPREME COURT REPORTS 651 Privy Council judgment Montreal Coke and Manufac- 1960 turing Co. v. Minister o1 National Revenue (1) but that Th c .. 'J • e omnnssioner case can nave no applicat10n to the facts of the pre- of Income-tax, sent case because it was found there as· a fact that Bombay of their business was not expenditure in the earnii1g Kapur J. of their income within the statute. It was then contended that the loss of the respon­ dent was a capital loss and for this again reliance was placed on the judgment of this Court in Madan Gopal Bagla's case (2 ) and

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