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.