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may 1959

Supreme Court of India · 1959-05-05

THE INDIAN MOLASSES CO. (PRIVATE) LTD. vs THE COMMISSIONER OF INCOME-TAX, WESTBENGAL.

Citation / case number
SC 1957/60096
Court
Supreme Court of India
Petitioner
THE INDIAN MOLASSES CO. (PRIVATE) LTD.
Respondent
THE COMMISSIONER OF INCOME-TAX, WESTBENGAL.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that under Section 10(2)(XV) of the Indian Income-tax Act, 1922, expenditure must relate to a liability that is actually existing at the time of the claim. The Court ruled that the payments made by the appellant company for annuities to provide a pension were not deductible as they did not constitute actual expenditure but rather a contingent liability. Thus, the Income-tax authorities' disallowance of the deduction was upheld, affirming that the expenditure was not incurred in the course of business operations.

THE INDIAN MOLASSES CO. (PRIVATE) LTD. vs THE COMMISSIONER OF INCOME-TAX, WESTBENGAL. · Niyam