Supreme Court of India

The K.C.P. Ltd. v. Commissioner of Income Tax, Bangalore

Neutral citation
Reported as [2000] SUPP. 2 S.C.R. 302
Bench S.P. Bharucha, R.C. Lahoti and N. Santosh Hegde JJ.
Decided 9 August 2000

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

For the foregoing reasons, we find ourselves in agreement with the view taken by the High Court.

Judgment, page 8

From the headnote

c Income Tax Act, 1961-Ss.2(24), IO and 37-Trading Receipts-Price of sugar realised in excess o.flevy price-In the ordinary manner of assessee 's business activities-Plea that the excess amount was retained in a separate account and liable to be paid to the purchaser, hence cannot be treated as trading receipt-Held, merely maintaining a separate account under a head­ ing given by the assessee would not alter the nature o.f the receipt if it actually be a trading receipt-Transfer of the amount to Sugar Equalisation Fund of Govemmellt in 1997 does not have any bearing on the taxability o.f the

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