Supreme Court of India

The Commissioner of Income Tax, Bombay v. The Elphinstone Spinning and Weaving Mills Ltd.

Neutral citation
Reported as [1960] 3 S.C.R. 953
Bench S.K. Das J.
Decided 4 May 1960

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the headnote

Income-tax-Assessee incurring loss but paying dividends­ Additional income-tax, liability to pay-Construction of taxing statute-Income-tax Act, I922 (XI of I922), s. 3-Finance Act, I9SI (23 of I9SI), First Schedule, Paragraph . The assessee had made profits during the assessment year 1951-52 but after deduction of the depreciation allowance it was found to have incurred a loss for income-tax purposes. In the same year the assessee declared dividends. The Income-tax Officer treated this amount as ' excess dividend ' and levied additional income-tax as provided in paragraph of Part I of the

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