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may 1950

Supreme Court of India · 1950-05-26

THE NEW PIECEGOODS BAZAR CO., LTD.,BOMBAY vs THE COMMISSIONER OF INCOME-TAX,BOMBAY

Citation / case number
SC 1949/13
Court
Supreme Court of India
Petitioner
THE NEW PIECEGOODS BAZAR CO., LTD.,BOMBAY
Respondent
THE COMMISSIONER OF INCOME-TAX,BOMBAY
Bench
MAHAJAN, MEHR CHAND

Judgment text excerpt

The Supreme Court held that municipal property tax under Section 212 of the City of Bombay Municipal Act, 1888, qualifies as an 'annual charge not being a capital charge' under Section 9(1)(iv) of the Indian Income-tax Act, 1922, allowing for its deduction in income computation. Similarly, urban immoveable property tax under the Bombay Finance Act, 1939, is also deductible. The Court defined 'capital charge' as a charge for a capital sum and 'annual charge' as one for an annual liability, affirming the deductibility of the taxes in question.

THE NEW PIECEGOODS BAZAR CO., LTD.,BOMBAY vs THE COMMISSIONER OF INCOME-TAX,BOMBAY · Niyam