MANU/SC/0225/1968

IN THE SUPREME COURT OF INDIA

Decided On: 21.08.1968

Appellants: Chandra Prakash
Vs.
Respondent: Commissioner of Income-tax, U.P.

JUDGMENT

Grover, J.

1. The short point for determination in this appeal by certificate is whether in view of the provisions of the third proviso to Section 5 of the Excess Profits Tax Act, 1940 (XV of 1940), hereinafter called the Act, Section 10A of that Act can be made applicable to the case of an assessee who had his head office in the taxable territories but had also started a new business in an Indian State which was not within the taxable territories.

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