Supreme Court · 1966 INSC 240 · Decided 31 October 1966

Miss Dhun Dadabhoy Kapadia v. Commissioner of Income-Tax, Bombay

Court
Supreme Court of India
Citation
1966 INSC 240 · [1967] 2 S.C.R. 1
Case number
CIVIL APPEAL No. 757/1965
Decided
31 October 1966
Bench
J.C. SHAH, V. RAMASWAMI, VISHISHTHA BHARGAVA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 66A(2)

Headnote

Income-tax Act (11 of 1922), s. 128(2)-Renouncerient of right . shares for money value-Depreciation in value of origrnal shares-­ Capital gain how calculated. The asaessee was holdin~ as an investment 710 sharos Lo a company. She became entitled to receive 710 new shares issued by the company, her right to receive the new shares by sale in the open market and realised a sum of Rs. 45,262.50. The Income-tax Officer sought to tax the entire amount at a capital gain• Immediately before the renouncement, the old shares were valued at Rs. 253.00 per share. After renouncement the

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