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february 2008

Supreme Court of India · 2008-02-08

Deputy Commissioner, Income ... vs Gujarat Alkalies & Chemicals Ltd

Citation / case number
AIR 2008 SC (SUPP) 355
Court
Supreme Court of India
Petitioner
Deputy Commissioner, Income ...
Respondent
Gujarat Alkalies & Chemicals Ltd
Bench
S.H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court addressed two questions regarding the deductibility of 'commitment charges' and 'finance charges' under the Income-tax Act, 1961. It held that commitment charges are deductible under Section 37, as established in prior cases like Addl. Commr. of Income-tax v. Akkamamba Textiles Ltd. and Commr. of Income-tax v. Sivakami Mills Ltd. Furthermore, finance charges paid to COFACE were also deemed deductible, as they were equated with interest and commitment charges, which are considered revenue expenditures. The Court dismissed the Department's appeals, ruling in favor of the assessee.

Deputy Commissioner, Income ... vs Gujarat Alkalies & Chemicals Ltd · Niyam