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august 2008

Supreme Court of India · 2008-08-25

Rajasthan State Mines & Minerals Ltd vs Commissioner Of Income Tax, Jaipur

Court
Supreme Court of India
Petitioner
Rajasthan State Mines & Minerals Ltd
Respondent
Commissioner Of Income Tax, Jaipur
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court set aside the High Court's judgment which dismissed the appellant's appeal regarding the treatment of development and prospecting charges as capital expenditures under the Income Tax Act. The Court noted that the High Court failed to consider the provisions of Section 35E(2), which allows deductions for such expenditures incurred in the year of commercial production. The matter was remitted to the High Court for fresh consideration on merits, emphasizing the need to evaluate the appellant's claims in light of the correct statutory provisions.

Rajasthan State Mines & Minerals Ltd vs Commissioner Of Income Tax, Jaipur · Niyam