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october 1990

Supreme Court of India · 1990-10-23

BIKANER GYPSUMS LTD. vs COMMISSIONER OF INCOME TAX, RAJASTHAN

Citation / case number
SC 1976/60969
Court
Supreme Court of India
Petitioner
BIKANER GYPSUMS LTD.
Respondent
COMMISSIONER OF INCOME TAX, RAJASTHAN
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court examined the nature of the Rs.3 lakhs payment made by the assessee for shifting railway infrastructure under the Income Tax Act, 1961, specifically Section 10(2)(xv) and Section 37(1). The Court held that the payment constituted capital expenditure as it resulted in the acquisition of a new asset of enduring nature, thus overruling the Tribunal's classification of it as revenue expenditure. Consequently, the High Court's decision was upheld, affirming that such payments cannot be deducted as revenue expenses.

BIKANER GYPSUMS LTD. vs COMMISSIONER OF INCOME TAX, RAJASTHAN · Niyam