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october 1953

Supreme Court of India · 1953-10-08

ALLAHABAD BANK LTD. vs COMMISSIONER OF INCOME-TAX,WEST BENGAL.

Citation / case number
SC 1952/48
Court
Supreme Court of India
Petitioner
ALLAHABAD BANK LTD.
Respondent
COMMISSIONER OF INCOME-TAX,WEST BENGAL.
Bench
SASTRI, M. PATANJALI (CJ),DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court ruled that under Section 10(2)(xv) of the Income-tax Act (XI of 1922), a banking company's contribution to a pension trust was not deductible as business expenditure. The Court found that the trust did not impose any obligation on the bank to pay pensions, as the payment and amount were entirely at the company's discretion. Consequently, no valid trust was created, and the contribution could not be considered as spent for business purposes, leading to the dismissal of the appeal.

ALLAHABAD BANK LTD. vs COMMISSIONER OF INCOME-TAX,WEST BENGAL. · Niyam