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march 1973

Supreme Court of India · 1973-03-05

SHEW KISSEN BHATTAR vs THE COMMISSIONER OF INCOME TAX, CALCUTTA

Citation / case number
SC 1970/60248
Court
Supreme Court of India
Petitioner
SHEW KISSEN BHATTAR
Respondent
THE COMMISSIONER OF INCOME TAX, CALCUTTA
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that under Section 9(1)(iv) of the Indian Income Tax Act, 1922, the assessee is entitled to deduct only simple interest and not compound interest. The Court clarified that when interest is not paid, it becomes part of the principal, and the deduction is limited to the interest payable on the original capital charge. The interpretation that 'any interest' includes compound interest was rejected to prevent tax evasion, affirming the High Court's decision that only simple interest is allowable.

SHEW KISSEN BHATTAR vs THE COMMISSIONER OF INCOME TAX, CALCUTTA · Niyam