VidhiSangh

Supreme Court of India · 09/07/2019

THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY LTD. versus COMMISSIONER OF INCOME TAX

[2019] 18 S.C.R. 957 · 2019 INSC 732

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Summary

Subscriptions received under the company’s investment schemes and never forfeited were capital receipts, despite their treatment as income in its accounts and returns. Their true character, including the obligation to repay subscribers, controlled tax treatment; accounting entries created no estoppel against the settled legal position. The earlier Peerless decision supported this conclusion on general principles independently of the prospective RBI directions.

Issues

  1. Whether un-forfeited scheme subscriptions became taxable income because the company credited them to its profit-and-loss account and offered them for taxation.
  2. Whether the prospective operation of the 1987 RBI directions displaced the earlier Peerless ruling’s general principles.

Held

Result

Appeal allowed; High Court judgment set aside and the Income Tax Appellate Tribunal’s judgment restored. No costs.

Judgment PDF: Supreme Court of India, [2019] 18 S.C.R. 957.