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Section 115 is constitutionally valid and and alteration in its provision by HC is unwarranted: SC
Case Law Details
- Case Name
- UOI vs. Tata Tea Co. Ltd (Supreme Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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The provisions of Section 115O are well within the competence of Parliament.To put any limitation in the said provision as held by the Calcutta High Court that additional tax can be levied only on the 40% of the dividend income shall be altering the provision of Section 115O for which there is no warrant.The Calcutta High Court having upheld the vires of Section 115O no further order was necessary in that writ petition.
J U D G M E N T
ASHOK BHUSHAN, J.
The constitutional validity of Section 115O of the Income Tax Act, 1961 (hereinafter referred to as ‘1961,...
