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august 2008

Supreme Court of India · 2008-08-25

RAJASTHAN STATE MINES & MINERALS LTD. vs COMMISSIONER OF INCOME TAX, JAIPUR

Citation / case number
SC 2007/32178
Court
Supreme Court of India
Petitioner
RAJASTHAN STATE MINES & MINERALS LTD.
Respondent
COMMISSIONER OF INCOME TAX, JAIPUR
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 35E(2) of the Income Tax Act concerning the classification of development and prospecting charges as capital or revenue expenditure. The Court found that the High Court erred by not considering the provisions of Section 35E(2) which allows for deductions on such expenditures incurred for prospecting and development of mines. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for reconsideration in light of the correct statutory provisions.

RAJASTHAN STATE MINES & MINERALS LTD. vs COMMISSIONER OF INCOME TAX, JAIPUR · Niyam