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december 2006

Supreme Court of India · 2006-12-06

Dr. T. A. Quereshi vs Commissioner Of Income Tax, Bhopal

Citation / case number
AIR 2007 SC (SUPP) 1916
Court
Supreme Court of India
Petitioner
Dr. T. A. Quereshi
Respondent
Commissioner Of Income Tax, Bhopal
Author
Markandey Katju
Bench
S. B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that under Section 37 of the Income Tax Act, any expenditure incurred for purposes that are illegal, such as possession of heroin, cannot be claimed as a business loss. The Court affirmed the High Court's decision to set aside the Income Tax Appellate Tribunal's ruling that allowed the deduction of Rs. 2 lakhs for the heroin seized, establishing that illegal activities cannot form part of stock in trade. Consequently, the appeal was dismissed, upholding the prohibition against deductions for illegal expenditures.

Dr. T. A. Quereshi vs Commissioner Of Income Tax, Bhopal · Niyam