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

august 1976

Supreme Court of India · 1976-08-17

COMMISSIONER OF INCOME-TAX, LUCKNOW vs MADHO PD. JATIA

Citation / case number
SC 1971/60130
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, LUCKNOW
Respondent
MADHO PD. JATIA
Author
HANS RAJ KHANNA
Bench
HANS RAJ KHANNA

Judgment text excerpt

The Supreme Court held that under Section 9 of the Indian Income Tax Act, 1922, an assessee can claim a deduction for irrecoverable rent in subsequent assessment years, provided the total deduction does not exceed the annual rent payable. The Court clarified that the exemption granted under item 38 of Notification No. 878F allows for deductions in multiple years, contrary to the Income Tax Authorities' stance that it could only be claimed once. The appeal was dismissed, affirming the High Court's decision in favor of the assessee.

COMMISSIONER OF INCOME-TAX, LUCKNOW vs MADHO PD. JATIA · Niyam