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september 2008

Supreme Court of India · 2008-09-23

Shreyans Industries Ltd.,Punjab vs Commr.Of Income Tax-I,Ludhiana

Court
Supreme Court of India
Petitioner
Shreyans Industries Ltd.,Punjab
Respondent
Commr.Of Income Tax-I,Ludhiana
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the classification of an expenditure of Rs.70,79,862/- incurred by the appellant for constructing an open drain for effluent disposal, determining whether it should be treated as Revenue Expenditure or Capital Expenditure under the Income Tax Act. The Court emphasized the necessity for the High Court to frame a substantial question of law under Section 260A of the Income Tax Act before reversing the findings of the lower authorities. The Court held that the High Court must consider the implications of forest land diversion and the conditions imposed by the Forest Department in its assessment.

Shreyans Industries Ltd.,Punjab vs Commr.Of Income Tax-I,Ludhiana · Niyam