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september 2008

Supreme Court of India · 2008-09-23

COMMR.OF INCOME TAX-IV,DELHI vs M/S HCL COMNET SYSTEMS & SERVICES LD.

Citation / case number
SC 2007/36207
Court
Supreme Court of India
Petitioner
COMMR.OF INCOME TAX-IV,DELHI
Respondent
M/S HCL COMNET SYSTEMS & SERVICES LD.
Author
S. H. KAPADIA
Bench
S.H. KAPADIA,B. SUDERSHAN REDDY, , ,

Judgment text excerpt

The Supreme Court ruled that the Assessing Officer (AO) was incorrect in adding back the provision for doubtful debts of Rs. 92,15,187/- to the net profit under clause (c) of the Explanation to Section 115JA of the Income-tax Act, 1961. The Court clarified that provisions for doubtful debts do not constitute 'provisions made for meeting liabilities, other than ascertained liabilities' as per the definition of 'book profit'. The decision of the CIT(A) and the Tribunal was upheld, affirming that the AO's action was unjustified.

COMMR.OF INCOME TAX-IV,DELHI vs M/S HCL COMNET SYSTEMS & SERVICES LD. · Niyam