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april 1970

Supreme Court of India · 1970-04-30

COMMISSIONER OF INCOME TAX, BOMBAY vs MYSORE SPINNING & MFG. CO. LTD.

Citation / case number
SC 1967/251
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX, BOMBAY
Respondent
MYSORE SPINNING & MFG. CO. LTD.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that the payment made by the assessee company to the Employees Provident Fund was not capital expenditure under Section 58K(1) of the Income-tax Act, as the fund was not exclusively for the company's employees. The Court found that the conditions for applicability of Section 58K were not met, particularly the requirement that the fund be in trust solely for the employees of the assessee. However, the expenditure was allowable under Section 10(2)(xv) as it was incurred in the accounting year and was for the purpose of business, thus satisfying the criteria for deduction.

COMMISSIONER OF INCOME TAX, BOMBAY vs MYSORE SPINNING & MFG. CO. LTD. · Niyam