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october 2005

Supreme Court of India · 2005-10-25

DY. COMMNR., INCOME TAX, COCHIN vs M/S. S.T.N. TEXTILE LTD.

Citation / case number
SC 2003/5297
Court
Supreme Court of India
Petitioner
DY. COMMNR., INCOME TAX, COCHIN
Respondent
M/S. S.T.N. TEXTILE LTD.
Bench
B.P.SINGH, S.B.SINHA & P.K.BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 31 of the Income Tax Act regarding the nature of expenditure incurred by a textile mill for replacing an electric control panel. The Court held that the expenditure could not be classified as 'current repairs' under Section 31, thus affirming the High Court's decision that the amount was capital expenditure. The Court remitted the matter back to the Tribunal for consideration of whether the expenditure could be claimed under Section 37 of the Income Tax Act as revenue expenditure.

DY. COMMNR., INCOME TAX, COCHIN vs M/S. S.T.N. TEXTILE LTD. · Niyam