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april 1963

Supreme Court of India · 1963-04-10

M/s. SITALPUR SUGAR WORKS LTD. vs COMMISSIONER OF INCOME-TAX, BIHAR AND ORISSA

Citation / case number
SC 1962/183
Court
Supreme Court of India
Petitioner
M/s. SITALPUR SUGAR WORKS LTD.
Respondent
COMMISSIONER OF INCOME-TAX, BIHAR AND ORISSA

Judgment text excerpt

The Supreme Court ruled that the expenditure incurred by the appellant company for dismantling and relocating its sugar factory was capital expenditure under Section 10(2)(vi) of the Indian Income-tax Act, 1922, and not deductible as a revenue expense. The Court emphasized that such expenses are aimed at creating a lasting benefit for the business and do not qualify for depreciation since no tangible asset was acquired. The appeal was dismissed, affirming the High Court's decision that the expenses did not warrant a deduction for income-tax purposes.

M/s. SITALPUR SUGAR WORKS LTD. vs COMMISSIONER OF INCOME-TAX, BIHAR AND ORISSA · Niyam