Supreme Court of India

Vania Silk Mills (p) Ltd. v. Commissioner of Income-tax, Ahmedabad

Neutral citation
Reported as [1991] 3 S.C.R. 577
Bench K.N. Singh and P.B. Sawant JJ.
Decided 14 August 1991

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In the result, the appeal succeeds and the impugned decision is set aside.

Judgment, page 12

From the headnote

Income Tax Act, 1961: Ss. 2(47), 41(2), 45-Capital asset- Destruction of-Money received as insurance claim-Nature of- Whether chargeable to capital gains tax. The appellant company purchased machinery worth Rs.2,81,741 c in the year 1957 and gave it on hire to another company which insured the machinery. In the year 1966, a fire broke out in the lendee company causing extensive damage to the machinery of the appellant. On a settle- ment of the insurance claim the lendee company paid to the appellant a snm of Rs.6,32,533 on account of the destruction of its machinery. The difference between

Where later benches applied it

Of those, 1 referred to

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