Supreme Court · 1964 INSC 123 · Decided 16 April 1964

The Commissioner of Income Tax, Madras v. A. Gajapathy Naidu

Court
Supreme Court of India
Citation
1964 INSC 123 · [1964] 7 S.C.R. 767
Case number
CIVIL APPEAL No. 617/1963
Decided
16 April 1964
Bench
K. SUBBA RAO, J.C. SHAH, S.M. SIKRI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 66(1)

Headnote

Indian Incometax Act, 1922 (11 of 1922), s. 4(1)(b)(ii)­ Construction of-Analogy from English Statuaes-"Accrue" or "arise", meaning of-Income arising out of earlier :transaction­ Proper year of assessment. A certain sum of money was received by the assessee as payment the previous accounting year. The Income-tax Officer included the amount in the assessment year it was received. Appeals to the Appellate Assistant Commis­ sioner and to the Income-tax Tribunal were unsuccessful. But on a reference, the High Court held that though in fact the right to receive

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