Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2009

Supreme Court of India · 2009-02-12

MCORP GLOBAL PVT. LTD. vs COMMISSIONER OF INCOME TAX, GHAZIABAD

Citation / case number
SC 2007/1262
Court
Supreme Court of India
Petitioner
MCORP GLOBAL PVT. LTD.
Respondent
COMMISSIONER OF INCOME TAX, GHAZIABAD
Author
S.H. KAPADIA
Bench
S.H. KAPADIA,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court held that the assessee is not entitled to claim depreciation under Section 32(1)(ii) of the Income-tax Act, 1961 for the transactions in question, as the Tribunal found that the lease was merely a financial arrangement and not a true lease. The Court emphasized that the Tribunal cannot enhance the assessment beyond what was granted by the Assessing Officer, referencing Hukumchand Mills Ltd. v. CIT (1967) 63 ITR 232. Consequently, the appeal was dismissed, affirming the High Court's decision.

MCORP GLOBAL PVT. LTD. vs COMMISSIONER OF INCOME TAX, GHAZIABAD · Niyam