Supreme Court of India

Commissioner of Licome-tax, Madras v. T.s.pl.p. Chidambaram Chettiar (dead) through L.rs.

Neutral citation
Reported as [1971] 3 S.C.R. 428
Bench J.C. Shah J.
Decided 21 January 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

In the result their Lordships are of opinion that having regard to the nature of the transaction, the assessee is entitled to say that he has accepted the first six items in discharge pro tanto of his debtor's capital !iabr-' lity and that the capital debt now stands discharged to that ' extent.

Judgment, page 9

From the headnote

Income Tax Act, 1922, s. 34(1) (a) Requirements of-Assessee not disclosing part of money repaid against loan and interest--!! undisclosed amou.1t not taxable and to be presumed adjuslo?d against principal-System of accounts maintained by assessee-lf relevam in relation to concealed income. · The asscssee's father made various loans to P in 1932. Jn July, 1932 P executed a mortgage of some of his properties in favour of the assessee's father for ,a sum of Rs, 2.76 lakhs, After the mortgagee bad instituted a suit in December, 1940 claiming a sum of Rs. 5.50 Jakhs in· elusive of principal and

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