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september 1983

Supreme Court of India · 1983-09-02

COMMISSIONER OF INCOME TAX vs MAHENDRA MILLS

Citation / case number
SC 1991/11771
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX
Respondent
MAHENDRA MILLS
Author
S.S.M.QUADRI D.P.WADHWA
Bench
S.S.M.QUADRI D.P.WADHWA

Judgment text excerpt

The Supreme Court addressed whether the Income-tax Officer could grant depreciation allowance under Section 32 of the Income-tax Act, 1961, when not claimed by the assessee. The Court held that the Tribunal was correct in affirming the right of the assessee to claim depreciation, emphasizing that the amendment to Section 32 by the Taxation Laws (Amendment and Miscellaneous Provisions) Act, 1986, does not affect pending assessments prior to 1.4.1988. The ruling clarifies the interpretation of depreciation claims in light of varying High Court decisions.

COMMISSIONER OF INCOME TAX vs MAHENDRA MILLS · Niyam