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.