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october 1971

Supreme Court of India · 1971-10-05

MORVI INDUSTRIES LTD. vs COMMISSIONER OF INCOME TAX (CENTRAL)CALCUTTA

Citation / case number
SC 1970/60282
Court
Supreme Court of India
Petitioner
MORVI INDUSTRIES LTD.
Respondent
COMMISSIONER OF INCOME TAX (CENTRAL)CALCUTTA
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that under Section 4(1)(b)(i) of the Income-tax Act, 1922, income accrues when it becomes due, not when it is payable. The Court ruled that the relinquishment of commission and office allowance by the managing agent, after they had become due but before they were payable, does not allow for deduction under Section 10(2)(xv) as it was not for the purpose of business or commercial expediency. The amounts were rightly included in the total income of the appellant company, affirming the decisions of the Income-tax Officer and the High Court.

MORVI INDUSTRIES LTD. vs COMMISSIONER OF INCOME TAX (CENTRAL)CALCUTTA · Niyam