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march 1961

Supreme Court of India · 1961-03-10

THE COMMISSIONER OF EXCESS PROFITS TAX, HYDERABAD vs M/S. S. R. V. G. PRESS COMPANY, KURNOOL

Citation / case number
SC 1960/55
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF EXCESS PROFITS TAX, HYDERABAD
Respondent
M/S. S. R. V. G. PRESS COMPANY, KURNOOL
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Rule 12, Schedule 1 of the Excess Profits Tax Act, 1940, the Excess Profits Tax Officer must assess the reasonableness and necessity of deductions claimed based on commercial expediency rather than legalistic considerations. The Court ruled that payments made for sales tax, as assessed by the Sales Tax Officer, are obligatory and necessary for business operations, thus qualifying as permissible deductions. The decision of the Andhra Pradesh High Court was upheld, affirming the right to deduct sales tax payments in excess profits tax assessments.

THE COMMISSIONER OF EXCESS PROFITS TAX, HYDERABAD vs M/S. S. R. V. G. PRESS COMPANY, KURNOOL · Niyam