Supreme Court of India

Commissioner of Income Tax, Bombay v. Rasiklal Maneklal (h.u.f.) & Ors.

Neutral citation
Reported as [1989] 2 S.C.R. 179
Bench R.S. Pathak and Ranganath Misra JJ.
Decided 29 March 1989

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we agree with the view taken by the High Court, and dismiss these appeals with costs.

Judgment, page 5

From the headnote

Indian Income Tax Act, 1922-Sub-s. ( 1) of s. 12B-Amalgama­ tion of two companies resulting in dissolution of one of them and allot­ ment of shares of the surviving company to the shareholders of the dissolved company-Whether amounts to 'exchange' or 'relinquish­ ment' within the meaning of the sub-section. Words and Phrases-Meanings of 'exchange' and 'relinquish- ment'. Snb-s. (I) of s. 12B of the Indian Income Tax Act, 1922 provides that tax shall be payable by an assessee under the head "Capital gains" in respect ·•f any profits or gains arising from the sale, exchange, relin­ quishment or

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