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september 2006

Supreme Court of India · 2006-09-25

COMMNR. OF INCOME TAX, MUMBAI vs M/S. GENERAL INSURANCE CORPN.OF INDIA

Citation / case number
SC 2001/9582
Court
Supreme Court of India
Petitioner
COMMNR. OF INCOME TAX, MUMBAI
Respondent
M/S. GENERAL INSURANCE CORPN.OF INDIA
Author
Bhan
Bench
MARKANDEY KATJU ASHOK BHAN

Judgment text excerpt

The Supreme Court held that the expenditure incurred for issuing bonus shares is to be treated as revenue expenditure rather than capital expenditure. The Court referenced Section 143(3) of the Income Tax Act and distinguished the nature of expenses related to bonus shares from those that expand the capital base of a company, affirming the Tribunal's decision. The outcome upheld the lower courts' rulings, allowing the expenses related to bonus shares as deductible revenue expenditure.

COMMNR. OF INCOME TAX, MUMBAI vs M/S. GENERAL INSURANCE CORPN.OF INDIA · Niyam