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april 1993

Supreme Court of India · 1993-04-13

THE COMMISSIONER OF INCOME TAX, BOMBAY. vs M/S. INDIAN ENGG. & COM.CORP. P. LTD.

Citation / case number
SC 1977/61284
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME TAX, BOMBAY.
Respondent
M/S. INDIAN ENGG. & COM.CORP. P. LTD.
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 40(a)(v) and Section 40(a)(5) of the Income Tax Act concerning the deductibility of commission paid to directors. The Court held that the commission constituted additional remuneration and was not covered by the provisions disallowing certain perquisites, thus allowing the deduction for the entire amount. The Court also clarified that the expenditure in question did not qualify as entertainment expenses under Section 37(ii) of the Income Tax Act, affirming the Tribunal's decision.

THE COMMISSIONER OF INCOME TAX, BOMBAY. vs M/S. INDIAN ENGG. & COM.CORP. P. LTD. · Niyam