Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1972

Supreme Court of India · 1972-01-28

DEVIDAS VITHALDAS & CO. vs C.I.T., BOMBAY CITY

Citation / case number
SC 1968/60349
Court
Supreme Court of India
Petitioner
DEVIDAS VITHALDAS & CO.
Respondent
C.I.T., BOMBAY CITY
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that the payments made by A to P for the goodwill of the business constituted revenue expenditure rather than capital expenditure. The Court emphasized that the nature of the transaction should be assessed based on the surrounding circumstances and not merely the labels used by the parties. It concluded that the payments were akin to royalties for the use of goodwill, thus allowing the appeal against the High Court's ruling that favored the Revenue.

DEVIDAS VITHALDAS & CO. vs C.I.T., BOMBAY CITY · Niyam