| COURT: | Supreme Court |
| CORAM: | R. K. Agrawal J, Sanjay Kishan Kaul J |
| SECTION(S): | 28, 4, 56 |
| GENRE: | |
| CATCH WORDS: | capital vs. revenue receipt, income, mesne profits |
| COUNSEL: | Gaurav Agrawal |
| DATE: | November 29, 2017 (Date of pronouncement) |
| DATE: | December 7, 2017 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Taxability of mesne profits: High Court's approach of dismissing the Dept's appeal only because the Tribunal relied on Narang Overseas 111 ITD 1 (Mum) (SB) and the appeal against which had been dismissed for non-removal of defects is not correct. The High Court ought to decide the question on merits | |
High Court has dismissed the appeal preferred by the appellant herein only on the ground that the decision relied upon by the Tribunal i.e. in the case of Narang Overseas Pvt. Ltd. v. ACIT, Mumbai – (2008) 111 ITD 1 (Mum) (SB)], the appeal was preferred before the High Court and for non-removal of the defects the appeal has been dismissed. We are of the considered opinion that this was not a correct approach of the High Court for the simple reason that merely because one authority has followed its own decision in another case and that matter in appeal has been dismissed on technical grounds still the High Court has to decide the question on merits
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