Supreme Court · 1975 INSC 309 · Decided 9 December 1975

Union of India & Others v. Coromandel Fertilizers Limited & ANR.

Court
Supreme Court of India
Citation
1975 INSC 309 · [1976] 2 S.C.R. 894
Case number
CIVIL APPEAL No. 969/1975
Decided
9 December 1975
Bench
P.K. GOSWAMI, N.L. UNTWALIA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 80A(2), 80K

Headnote

Income Tax A.ct ( 43 of 1961), ss. 80J and SOK-Scope of-No deductio11 from Compan;y's income under s. SOJ because Company had 110 taxable income -If Company entitled not to deduct tax at source from the dividend income of ~ share-holder. Section 80A(2), Income Tax Act, 1961, provides that the VIA shall not exceed the gross total mcome of t_he assessee. Under s. SOJ(l), which is in Chapter VIA, where the gross total m- ' come of an assessee includes any profits and gains derived from an industrial undertaking, there shall be allowed, in computing the total income of the assessee,

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