Mcdowell & Co. Ltd. vs Commercial Tax Officer

Authority: Supreme Court Date: 1985-04-17 Acts: Income Tax Act 1961, Constitution of India Citation: (1985) 47 CTR (SC) 126 : (1985) 154 ITR 148 (SC) : (1985) 22 TAXMAN 11 Justices: Y.V. Chandrachud; D.A. Desai, O. Chinnappa Reddy, E.S. Venkataramiah & Appeal No: C.A. No. 570 of 1983
Whether tax avoidance schemes that are technically legal but designed solely to evade tax liability should be recognized as valid under Indian tax law --- Held No. The Court rejected the Westminster principle and established that artificial tax avoidance arrangements without commercial substance can be disregarded for tax purposes.

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