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february 2008

Supreme Court of India · 2008-02-08

DEPUTY COMMNR., INCOME TAX, BARODA vs GUJARAT ALKALIES & CHEMICALS LTD.

Citation / case number
SC 2002/819
Court
Supreme Court of India
Petitioner
DEPUTY COMMNR., INCOME TAX, BARODA
Respondent
GUJARAT ALKALIES & CHEMICALS LTD.
Author
B. SUDERSHAN REDDY S.H. KAPADIA
Bench
B. SUDERSHAN REDDY S.H. KAPADIA

Judgment text excerpt

The Supreme Court held that 'commitment charges' can be deducted under Section 37 of the Income-tax Act, 1961, as established in prior cases such as Addl. Commr. of Income-tax v. Akkamamba Textiles Ltd. and Commr. of Income-tax v. Sivakami Mills Ltd. The Court clarified that these charges are not deductible under Section 36(1)(iii) but are considered revenue expenditure. Additionally, finance charges paid to COFACE were equated with interest and deemed deductible, leading to the dismissal of the Department's civil appeals.

DEPUTY COMMNR., INCOME TAX, BARODA vs GUJARAT ALKALIES & CHEMICALS LTD. · Niyam