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january 1997

Supreme Court of India · 1997-01-10

M/S. BALLIMAL NAVAL KISHORE & ANR. vs COMMISSIONER OF INCOME TAX

Citation / case number
SC 1981/63735
Court
Supreme Court of India
Petitioner
M/S. BALLIMAL NAVAL KISHORE & ANR.
Respondent
COMMISSIONER OF INCOME TAX
Author
K.T. THOMAS B.P. JEEVAN REDDY
Bench
K.T. THOMAS B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court interpreted Section 10(2)(v) of the Income Tax Act, 1922, regarding the deduction for 'current repairs'. The Court held that 'current repairs' refer to expenditures that preserve or maintain an existing asset without creating a new asset or advantage. The Court overturned the Bombay High Court's ruling, which had favored the Revenue, and ruled in favor of the assessee, allowing the deduction of Rs. 62,977 for repairs made to the cinema theatre.

M/S. BALLIMAL NAVAL KISHORE & ANR. vs COMMISSIONER OF INCOME TAX · Niyam