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november 2007

Supreme Court of India · 2007-11-26

Honda Siel Power Products Ltd vs Commissioner Of Income Tax, Delhi

Citation / case number
AIRONLINE 2007 SC 323
Court
Supreme Court of India
Petitioner
Honda Siel Power Products Ltd
Respondent
Commissioner Of Income Tax, Delhi
Bench
S. H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court addressed the application of Section 154 and Section 43A of the Income Tax Act, 1961, regarding the rectification of mistakes apparent from the record. The Court held that the Income Tax Appellate Tribunal (ITAT) erred in denying the assessee's claim for enhanced depreciation due to foreign exchange fluctuations, emphasizing that actual payment is not a prerequisite for adjustment under Section 43A. Consequently, the Court allowed the appeal, reversing the ITAT's decision and upholding the admissibility of the claim for enhanced depreciation.

Honda Siel Power Products Ltd vs Commissioner Of Income Tax, Delhi · Niyam