Supreme Court of India

Dalhousie Investment Trust Company Ltd. v. Commissioner of Income-tax (central), Calcutta

Neutral citation
Reported as [1968] 2 S.C.R. 353
Bench J. C. Shah, V. Ramaswami and V. Bhagrava JJ.
Decided 22 November 1967

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.

What the Court ordered

We hold that the High Court was right in arriving at the conclusion that, on the facts and circumstances of the present case, the income derived by the assessee from the sale of its shares and securities in the relevant pnwious years was revenue receipt and as such taxable under the Income-tax Act.

Judgment, page 7

From the headnote

Indian Income"'ax .ct, 1922 (11 of 1922), s. 2(4) Purchase and sale of share when. amounts to adventure in the nature of Trade-Previous findillgs of Tribunal whether blndillg in subsequent assessment years. The principal activity of the assessee was investment of its capitals in shares and stocks. It changed its investments by sale of its shares and stocks from time to time. The assessee's income was primarily derived from dividends on shares and interest derived by it on the Investments. The assessee purchased the shares of a company V>hen their prices were falling by taking loan at lnterest

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