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january 1980

Supreme Court of India · 1980-01-14

COMMISSIONER OF INCOME-TAX, WEST BENGAL-IICALCUTTA vs KALYANJI MAVJI & COMPANY

Citation / case number
SC 1972/60477
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME-TAX, WEST BENGAL-IICALCUTTA
Respondent
KALYANJI MAVJI & COMPANY
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the expenditure of Rs. 1.6 lakhs incurred by the assessee for renovating a colliery after derequisition was revenue in nature, not capital. The Court clarified that such expenditure was part of the profit-earning process and incidental to the business operations, thus qualifying for deduction under Section 10(2)(xv) of the Indian Income Tax Act, 1922. The appeal by the Revenue was dismissed, affirming the lower courts' findings on the nature of the expenditure.

COMMISSIONER OF INCOME-TAX, WEST BENGAL-IICALCUTTA vs KALYANJI MAVJI & COMPANY · Niyam