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february 2008

Supreme Court of India · 2008-02-08

JT. COMMNR. OF INCOME TAX, GUJARAT vs UNITED PHOSPHOROUS LTD., GUJARAT

Citation / case number
SC 2002/18269
Court
Supreme Court of India
Petitioner
JT. COMMNR. OF INCOME TAX, GUJARAT
Respondent
UNITED PHOSPHOROUS LTD., GUJARAT
Author
B. SUDERSHAN REDDY S.H. KAPADIA
Bench
B. SUDERSHAN REDDY S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed two legal questions regarding the Income-tax Act, 1961. It held that interest paid on borrowings for capital assets not put to use can be deducted under Section 36(1)(iii), aligning with its previous ruling in Dy. Commr. of Income Tax, Ahmedabad v. M/s. Core Health Care Ltd. The Court remanded the second question regarding the option to claim partial depreciation back to the High Court for reconsideration, noting the omission of Section 34(1) and the introduction of the block of assets concept, thus partly allowing the Department's appeal.

JT. COMMNR. OF INCOME TAX, GUJARAT vs UNITED PHOSPHOROUS LTD., GUJARAT · Niyam