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november 2007

Supreme Court of India · 2007-11-27

M/S. G.K. CHOKSI & CO. vs COMMNR. OF INCOME TAX, GUJARAT

Citation / case number
SC 2001/16985
Court
Supreme Court of India
Petitioner
M/S. G.K. CHOKSI & CO.
Respondent
COMMNR. OF INCOME TAX, GUJARAT
Author
ASHOK BHAN,H.S. BEDI,V.S. SIRPURKAR
Bench
ASHOK BHAN,H.S. BEDI,V.S. SIRPURKAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the Income Tax Appellate Tribunal's ruling that the appellant, a Chartered Accountant's firm, was not entitled to initial depreciation under Section 32(1)(iv) of the Income Tax Act, 1961. The Court clarified that Section 32(1)(iv) applies to businesses and does not extend to professional firms. The ruling distinguished the case from Barendra Prasad Ray v. Income Tax Officer, asserting that the latter's applicability was limited to its specific facts.

M/S. G.K. CHOKSI & CO. vs COMMNR. OF INCOME TAX, GUJARAT · Niyam