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P. KRISHNA MENON v. THE COMMISSIONER OF INCOME-TAX, MYSORE, TRAVANCORE-COCH

Supreme Court of India | Diary 63/1956

Status

Judgment

Decided On

1958-10-07

Bench

SARKAR, A.K.

Petitioner

P. KRISHNA MENON

Respondent

THE COMMISSIONER OF INCOME-TAX, MYSORE, TRAVANCORE-COCH

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Full Judgment Text

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PETITIONER: P. KRISHNA MENON

Vs.

RESPONDENT: THE COMMISSIONER OF INCOME-TAX, MYSORE, TRAVANCORE-COCHIN

DATE OF JUDGMENT: 07/10/1958

BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B.

CITATION: 1959 AIR 75 1959 SCR Supl. (1) 133 CITATOR INFO : D 1961 SC 946 (15,20,21) R 1986 SC 98 (14) R 1986 SC1661 (26)

ACT: Income-tax-Assessee leaching Vedanta without object of mak- ing profit-If carrying on a vocation-Disciple making gift of money-Whether-receipt amounts to income from vocation-Indian Income-tax Act, 1922 (XI Of 1922), S. 10.

HEADNOTE: The assessee was teaching his disciples Vedanta philosophy without any motive or intention of making a profit out of such activity. One of his disciples made gifts of money to him on several occasions. It was contended by the assessee that he was not liable to tax on the amounts received as he was not carrying on any vocation and as the receipts were not profits or gains. Held that, in teaching Vedanta the assessee was carrying on a vocation. It is not necessary for an activity to be a vocation 134 that it should be an organised activity or that it should be practiced with a motive for making profit. Commissioner of Inland Revenue v. Incorporated Council of Law Reporting, (1888) 3 Tax Cas. 105, 113, followed. Held, further, that the ...

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