Supreme Court · 1977 INSC 181 · Decided 21 September 1977

R. Dalmia v. C.I.T., Delhi, New Delhi

Court
Supreme Court of India
Citation
1977 INSC 181 · [1978] 1 S.C.R. 537
Case number
CIVIL APPEAL No. 1519/1971
Decided
21 September 1977
Bench
P.N. BHAGWATI, S. MURTAZA FAZAL ALI (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 12(2)

Headnote

537 lnco1ne Tax Act 1922, s. I2(2)-.1~ssessee borrowed money from a bank and bought shares-Agreement prol'icled that divid'!nd etc., on shares declared after a certain date shall be held by the bank for the benefit of the assessee­ Shares not taken delivery of by the assessee by the stipulated loa11 and da1nages paid-If pcr- A B !ni~sible deduction. (' The assessee borrowed a hirge sum of money from a bank and purchased ~hares from it; but did not tale delivery of the transfer forms and share certi­ ficates by making payment of the purchase price. Clause (3) of the agree­

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