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january 1992

Supreme Court of India · 1992-01-15

SAHARANPUR ELECTRIC SUPPLY CO. LTD. ETC. ETC. vs COMMISSIONER OF INCOME-TAX ETC.ETC.

Citation / case number
SC 1977/61760
Court
Supreme Court of India
Petitioner
SAHARANPUR ELECTRIC SUPPLY CO. LTD. ETC. ETC.
Respondent
COMMISSIONER OF INCOME-TAX ETC.ETC.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court ruled that under Section 43 of the Income Tax Act, 1961, the actual cost of assets must be recalculated for each assessment year, including the exclusion of any amounts reimbursed by consumers. The Court upheld the High Courts' decisions that the actual cost for the assessment year 1962-63 and onwards must adhere to the definitions set forth in the 1961 Act, thereby rejecting the assessee's claim to retain earlier valuations. The judgment clarified that the statutory mandate requires a fresh determination of actual cost, which includes adjustments for contributions received, affirming the Revenue's approach.

SAHARANPUR ELECTRIC SUPPLY CO. LTD. ETC. ETC. vs COMMISSIONER OF INCOME-TAX ETC.ETC. · Niyam