Supreme Court · 1997 INSC 515 · Decided 27 May 1997

The Commissioner of Income-Tax Bombay Etc v. M/S Podar Cement PVT.LTD.

Court
Supreme Court of India
Citation
1997 INSC 515 · [1997] SUPP. 1 S.C.R. 394
Case number
CIVIL APPEAL No. 9/1986
Decided
27 May 1997
Bench
K.S. PARIPOORNAN, K. VENKATASWAMI, B.N. KIRPAL (3-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Transfer of Property Act; Registration Act; Income Tax Act Section 22

Headnote

PODAR CEMENT PVT.LTD. 395 promoters u/s 22 of the Act and the owners of the Oats being in beneficial •A enjoyment of the respective properties will have to pay tax u/s 56 of the Act. The respondents submitted that the owner, the person who in his own right can use the house property or again in the hands of actual user and recipient of income u/s 56 of the Act as permitting such assessment would be opposed to equity and justice which is not normally allowed by the Courts. Allowing the appeal, this Court c HELD : I.I. Under the common law 'owner' means a person who has got valid

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