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september 1966

Supreme Court of India · 1966-09-15

COMMISSIONER OF INCOME-TAX, U.P. vs NAINITAL BANK LTD.

Citation / case number
SC 1965/261
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, U.P.
Respondent
NAINITAL BANK LTD.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the amounts paid by the bank to its constituents for stolen jewellery, credited against loans, qualify as 'expenditure' under Section 10(2)(xv) of the Indian Income-tax Act, 1922. The Court clarified that expenditure involves the actual payment or settlement of accounts, and the bank's actions constituted bilateral settlements rather than mere forbearance. The High Court's decision to allow the bank's claim for these amounts was upheld, affirming that the payments were indeed laid out for the purpose of business.

COMMISSIONER OF INCOME-TAX, U.P. vs NAINITAL BANK LTD. · Niyam