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Commissioner Of Income Tax v. Autokast Limited

Commissioner Of Income Tax v. Autokast Limited

(Supreme Court Of India)

Civil Appeal No. 5391 Of 1997 | 21-11-2000

The question that was before the High Court read thus:

"Whether, on the facts and in the circumstances of the case, the interest income is not assessable to tax in the hands of the appellant "

The High Court answered the question against the Revenue. The Revenue is in appeal by special leave

It is not now in dispute that the appeal must succeed, having regard to the judgment of this Court in Tuticorin Alkali Chemicals & Fertilizers Ltd. vs. CIT 1997 SC 2601 (SC) : TC S38.3460

The civil appeal is accordingly allowed. The judgment and order under challenge is set aside. The question is answered in the negative and in favour of the Revenue. In other words, the interest income is assessable to tax in the hands of the assessee

No order as to costs.

Advocate List
Bench
  • HON'BLE MR. JUSTICE DORAISWAMY RAJU
  • HON'BLE MR. JUSTICE RUMA PAL
  • HON'BLE MR. JUSTICE S.P. BHARUCHA
Eq Citations
  • (2002) 9 SCC 607
  • (2001) 165 CTR SC 16
  • [2001] 248 ITR 110
  • LQ/SC/2000/1782
Head Note

Income Tax Act, 1961 — Ss. 2(24), 38, 4 and 41 — Interest income — Assessability of — Held, assessable to tax in hands of assessee — Tuticorin Alkali Chemicals & Fertilizers Ltd. case, (1997) 11 SCC 571, distinguished