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july 1992

Supreme Court of India · 1992-07-21

ARVIND MILLS LTD. vs C.I.T. AHMEDABAD

Citation / case number
SC 1977/61336
Court
Supreme Court of India
Petitioner
ARVIND MILLS LTD.
Respondent
C.I.T. AHMEDABAD
Author
G.N. RAY
Bench
G.N. RAY

Judgment text excerpt

The Supreme Court held that under Section 37 of the Income Tax Act, 1961, the determination of whether an expenditure is capital or revenue hinges on its nature rather than the voluntary or involuntary nature of the payment. The Court found that betterment charges paid by the assessee under the Bombay Town Planning Act, 1954, were capital in nature as they contributed to the enhancement of land value and did not qualify as deductible revenue expenditure. Consequently, the appeal was dismissed, affirming the lower courts' decisions that disallowed the deduction of betterment charges.

ARVIND MILLS LTD. vs C.I.T. AHMEDABAD · Niyam