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december 2000

Supreme Court of India · 2000-12-07

Commissioner Of Income Tax, Trivandrum vs M/S. Tranvancore Titanium Products Ltd

Citation / case number
AIR 2001 SUPREME COURT 326
Court
Supreme Court of India
Petitioner
Commissioner Of Income Tax, Trivandrum
Respondent
M/S. Tranvancore Titanium Products Ltd
Author
S.P.Bharucha
Bench
S.P.Bharucha

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Income Tax Appellate Tribunal's ruling that a loan redemption reserve of Rs.1 crore constituted a reserve rather than a provision under the Income Tax Act, 1961. The Court clarified that the reserve was created voluntarily by the assessee and did not represent an ascertained liability, thus qualifying for inclusion in the capital computation for surtax purposes. The ruling emphasized the distinction between reserves and provisions, reinforcing the Tribunal's interpretation of the nature of the loan redemption reserve.

Commissioner Of Income Tax, Trivandrum vs M/S. Tranvancore Titanium Products Ltd · Niyam