. COMMISSIONER OF INCOME-TAX BIHAR-II, PATNA vs BOKARO STEEL LIMITED, BOKARO. Supreme Court, 18-12-1998

CourtSupreme Court (India)
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8
PETITIONER:
COMMISSIONER OF INCOME-TAX BIHAR-II, PATNA
Vs.
RESPONDENT:
BOKARO STEEL LIMITED, BOKARO
DATE OF JUDGMENT: 18/12/1998
BENCH:
SUJATA V. MANOHAR, & G.B.PATTANAIK.,
JUDGMENT:
--------
Mrs. Sujata V. Manohar, J.
-------------------------
Civil Appeal Nos. 2544-45 of 1988 pertain to
assessment year 1972-73 while Civil Appeal Nos. 642-48 of
1989 pertain to assessment years 1965-66 to 1971-72. The
Income-tax Appellate Tribunal had referred the following
questions to the High Court for determination under Section
256(1) of the Income-tax Act, 1961:-
At the instance of the Revenue:
------------------------------
"Assessment year 1965-66:
------------------------
Whether, on the facts and in the
circumstances of the case, the Tribunal was
justified in law in holding that the hire charges of
Rs. 56 received by the assessee-company for letting
out the plant and machinery to the contractors were
not taxable?
Assessment year 1966-67:
-----------------------
(1) Whether, on the facts and in the circumstances
of the case, the Tribunal was justified in law in
holding that the hire charges of Rs. 7,224 received
by the assessee-company for letting out of the plant
and machinery to the contractors were not taxable?
(2) Whether, on the facts and in the circumstances
of the case, the Tribunal was justified in holding
that the royalty of Rs. 8,530/- received from the
contractor was not taxable as it was of capital
nature and not revenue?
Assessment year 1967-68:
-----------------------
(1) Whether, on the facts and in the circumstances
of the case, the Tribunal was justified in law in
holding that the hire charges of Rs. 12,195
received by the assessee-company for letting out of
contractors were not taxable?

To continue reading

Request your trial