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december 1965

Supreme Court of India · 1965-12-07

COMMISSIONER OF INCOME-TAX, MADHYA PRADESH vs M/S. NANDLAL BHANDARI MILLS LTD.

Citation / case number
SC 1964/90329
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, MADHYA PRADESH
Respondent
M/S. NANDLAL BHANDARI MILLS LTD.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court interpreted the Taxation Laws (Part B States) (Removal of Difficulties) Order, 1950, specifically the proviso to paragraph 2, which addresses the computation of depreciation for non-resident companies. The Court held that the term 'assessment' in the proviso encompasses the total depreciation allowed, regardless of the fraction of total world income treated as taxable. Consequently, the High Court's decision to limit depreciation to a proportionate amount based on taxable income was overturned, affirming that the full depreciation allowed under the Indian Income-tax Act must be considered for written down value calculations.

COMMISSIONER OF INCOME-TAX, MADHYA PRADESH vs M/S. NANDLAL BHANDARI MILLS LTD. · Niyam