Supreme Court of India

Rampur Distillery and Chemicals Co. Ltd. v. Commissioner of Income-tax, Lucknow

Neutral citation
Reported as [1990] SUPP. 3 S.C.R. 320
Bench S. Ranganathan and K. Ramaswamy JJ.
Decided 21 November 1990

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 committed a clear error in its holding that the amount in question is includable in the assess­ ment year 1957-.

Judgment, page 9

From the headnote

c Indian Income Tax Act, 1922-Section 16(2)-Declared dividend -Whe,n assessable to tax. The appellant was a limited company running a distillery, and getting income from a sugar company. The sugar company at an extra­ ordinary general meeting held on January 16, 1952, resolved by a reso­ lution that a dividend be declared out of the profits transferred to the Reserve Fund and, by a subsequent resolution, empowered the Board of Trustees to distribute them . among its shareholders whose names appeared on the register of the company on the said date. On the same day, the Board of Directors of

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