The Union Of India & Ors. vs Tata Tea Co. Ltd. & Ors.

Authority: Supreme Court Date: 2017-09-20 Section: 115-O, 2(1A) Acts: Income Tax Act 1961, Constitution of India, Finance Act 1997 Result: Partly Citation: (2017) 100 CCH 0023 ISCC : (2017) 159 DTR 0065 (SC) : (2017) 398 ITR 0260 (SC) : (2017) 251 TAXMAN 0 Justices: A.K. SIKRI & ASHOK BHUSHAN, JJ. Appeal No: CA NO. 9178 OF 2012, 9179 OF 2012, 9180 OF 2012
Whether Section 115-O of the Income Tax Act, 1961, which imposes additional tax on dividends distributed by companies, is constitutionally valid when the dividend arises partly from agricultural income (which is within State legislative competence) --- Held Yes; Whether the additional tax under Section 115-O can be levied only on the non-agricultural portion (40%) of composite income from tea business --- Held No

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