Supreme Court of India

Dalmia Cement Limited v. Commissioner of Income Tax, New Delhi

Neutral citation
Reported as [1977] 1 S.C.R. 554
Bench A. N. Ray, M. H. Beg and P. N. Shinghal JJ.
Decided 10 September 1976

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 Act, 1922, s. 2(4)-When can a single and isolated sale be a business transaction within the meaning of-Onus probandi 011 the Taxation Department-Initial purchase with intention of advantageous sale-Earning pro­ fit on delivery of goods not necessary. In 1946, ·the appellant ordered cement manufacturing machinery from a firm in Denmark, for its f~ctory in Dandot, but long before the machinery was due, the country was parlit10ned and Dando! went to Pakistan. Instead of cancelling his order, the appellant imported the machinery. It was found that the appellant did so with the

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