Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Income Tax Act 1961 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Income Tax Act, 1961:Sections 2(24)(vi) and (45), 45, 47(viii), 104 and 109(1)-levy of SuperTax on undistributed income of investment company-Capital gain to assessee-company prior to 1.3.1970 by compulsory acquisition of agricultural land-Decision by Directors of the assessee-company not to use the money forpayment of dividend due to past losses and meagreness of the profit for thecurrent years-income tax officer holding the company liable to additionalincome tax-Propriety of levy-Held : The Capital gain could not have beensubjected to tax as it was wholly exempted from 'capital gains' and was notpart of the 'gross income' or 'distributable income' for the purpose of Section104-Whether capital gains are commercial or business profits on whichdividends could be distributed would depend on the facts and circumstancesof each case based upon commercial decision of Directors of the company-Decision of the Directors was not unreasonable and hence the income taxofficer was not justified in sitting in appeal over the business decision of theDirectors of the Company.Section 104-Jurisdiction of income tax officer-Scope of-Held, incomelax officer can only consider whether the Board of Directors acted reasonably-Cannot arrive at conclusion that payment of dividend or larger dividend thanthat declared would be unreasonable in view of losses incurred or due tosmallness of the profits in the current years since it is business consideration. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2003 INSC 185 |
Petitioner | Delhi Farming And Construction (p) Ltd. |
Respondent | Commissioner Of Income Tax, Delhi |
SCR | [2003] 3 S.C.R. 35 |
Judgement Date | 2003-03-26 |
Case Number | 7525-7527 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |