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april 2008

Supreme Court of India · 2008-04-10

MALAYALA MANORAMA CO LTD. vs COMMR.OF INCOME TAX, TRIVANDRUM

Citation / case number
SC 2002/63268
Court
Supreme Court of India
Petitioner
MALAYALA MANORAMA CO LTD.
Respondent
COMMR.OF INCOME TAX, TRIVANDRUM
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI ASHOK BHAN

Judgment text excerpt

The Supreme Court addressed whether the Income Tax Officer has the authority under Section 115J of the Income Tax Act, 1961 to adjust net profits of a company that consistently charged depreciation according to the Income-tax Rules, by substituting rates from Schedule XIV of the Companies Act, 1956. The Court held that such jurisdiction exists, affirming the principle that the Income Tax Act provisions take precedence in determining taxable income. The judgment clarified the relationship between the Income Tax Act and the Companies Act regarding depreciation rates and tax calculations.

MALAYALA MANORAMA CO LTD. vs COMMR.OF INCOME TAX, TRIVANDRUM · Niyam