Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1997

Supreme Court of India · 1997-02-05

COMMISSIONER OF INCOME TAX,BOMBAY vs M/S. FILTRONE INDIA LTD.M/S. ALCOCK ASHDOWN & CO. LTD.

Citation / case number
SC 1980/63360
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX,BOMBAY
Respondent
M/S. FILTRONE INDIA LTD.M/S. ALCOCK ASHDOWN & CO. LTD.
Author
Paripoornan
Bench
K.S. PARIPOORNAN B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court interpreted Section 84 and Section 80-J of the Income-tax Act, 1961, focusing on the phrase 'capital employed in the undertaking'. The Court held that the capital employed includes assets that are integral to the industrial undertaking, even if not yet put to use, as long as the business operations have commenced. The appeal was allowed, affirming the Appellate Tribunal's decision that the assets under construction were part of the capital employed for the new industrial undertaking.

COMMISSIONER OF INCOME TAX,BOMBAY vs M/S. FILTRONE INDIA LTD.M/S. ALCOCK ASHDOWN & CO. LTD. · Niyam