Supreme Court · 1986 INSC 132 · Decided 15 July 1986

Union of India v. Rajeswari and Co, & ORS.

Court
Supreme Court of India
Citation
1986 INSC 132 · [1986] 3 S.C.R. 175
Case number
CIVIL APPEAL No. 1689/1974
Decided
15 July 1986
Bench
R.S. PATHAK, SABYASACHI MUKHERJI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 136; Transfer of Property Act Section 53; Companies Act; Income Tax Act Section 34

Headnote

Transfer of Property Act, 1882-s. 53-Applicability of-Pro­ ceeds arising upon transfer of assets of an assessee company employed fully in paying off some creditors-Transaction whether invalid and inoperative-Transfer in favour of a person not a creditor-validity of. Constitution of India, Art. working at a loss, having come to know of the proposal of the Department to reopen its income-tax assessments for the previous years, disposed of its assets to the respondent firm, with which it had a partnership business, and employed the proceeds in paying off the debts dne to various

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