Supreme Court of India

C. I. T. (central) Calcutta v. Asiatic Textile Ltd.

Neutral citation
Reported as [1972] 1 S.C.R. 81
Bench K.S. Hegde J.
Decided 9 August 1971

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

For the reasons mentioned above, these appeals fail and they are dismissed with costs.

Judgment, page 7

From the headnote

Income-tax Act, 1922, s. 23A (!)-Direction of Company deciding not to distribute profit owing to huge capital loss­ Capital loss a relevant consideration-Reasonableness of decision has to be I ooked at from view point of prudent business man. 81 The assessee was a limited company doing business as selling agents of a Textile Mill. During the previous years relevant for the assessment years 1955-56 and 1956-57 the company had assessable profits but did not declare dividend, because capital loss far in excess of profits was incurred by it due to fall in value of its share-holdings. The

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