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april 1994

Supreme Court of India · 1994-04-06

BURMAH SHELL OIL STORAGE & DISTRIBUTING CO. OF INDIA LTD. vs C.I.T.

Citation / case number
SC 1957/60205
Court
Supreme Court of India
Petitioner
BURMAH SHELL OIL STORAGE & DISTRIBUTING CO. OF INDIA LTD.
Respondent
C.I.T.
Author
G.N. RAY
Bench
G.N. RAY

Judgment text excerpt

The Supreme Court addressed the appeal concerning the disallowance of a loss claimed by the Burmah Shell Oil Storage and Distribution Company under Rule 5 of the Income Tax Rules, 1962, and Section 32(1)(iii) of the Income Tax Act, 1961. The Court held that the loss of Rs 27,43,807 from the sale of returnable gas cylinders was allowable as revenue expenditure, affirming the Income Tax Appellate Tribunal's decision. The ruling clarified that the loss on returnable packages could be recognized even when the packages were sold in good condition, thus establishing a precedent for similar claims in the future.

BURMAH SHELL OIL STORAGE & DISTRIBUTING CO. OF INDIA LTD. vs C.I.T. · Niyam