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

september 1972

Supreme Court of India · 1972-09-26

MEWAR SUGAR MILLS LTD., BHOPAL SAGAR vs COMMISSIONER OF INCOME-TAX, RAJASTHAN, JAIPUR

Citation / case number
SC 1969/60029
Court
Supreme Court of India
Petitioner
MEWAR SUGAR MILLS LTD., BHOPAL SAGAR
Respondent
COMMISSIONER OF INCOME-TAX, RAJASTHAN, JAIPUR
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that payments made for monopoly rights are of a capital nature, while royalties paid for sugar manufactured are of a revenue nature and thus deductible under Section 10(2)(xv) of the Income Tax Act, 1922. The Court emphasized that the classification of expenditure as capital or revenue depends on the nature of the trade and the quality of the payment. The appeal was partly allowed, affirming the deductibility of royalties but not the payments for monopoly rights.

MEWAR SUGAR MILLS LTD., BHOPAL SAGAR vs COMMISSIONER OF INCOME-TAX, RAJASTHAN, JAIPUR · Niyam