The Pr. Commissioner of Income Tax -4 vs. Galgotia Books & Department Store Pvt. Ltd
The appeals are allowed
ITA/1076/2018HC Delhi28 Sept 2018
Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE CHANDER SHEKHAR
Section 25Section 4Section 42Section 5Section 8Section 9
…rtgage is transfer of an interest in an immovable property for the purpose of securing repayment of a loan, the mortgagee's interest lasting "only as long as the mortgage has not been paid off" [All Indian Film Corporation Ltd. vs. Raja Gyan Nath, 2(1969) 3 SCC 79]. 158. A hypothecatee or a mortgagee, thus, has a limited interest in the property, the right restricted to have the debt realized by putting the hypothecated goods or mortgaged property to sale. There is no ownership, or right to possess, vesting in either. At the same time, it must be added that the charge or encumbrance of a third party i…