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january 2009

Supreme Court of India · 2009-01-21

COMMISSIONER OF INCOME TAX vs M/S. LARSEN & TOUBRO LTD.

Citation / case number
SC 2004/11146
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX
Respondent
M/S. LARSEN & TOUBRO LTD.
Author
S.H. KAPADIA,AFTAB ALAM, , ,
Bench
S.H. KAPADIA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court dismissed the Civil Appeals, affirming that under the Income Tax Act, 1961, specifically Section 10(5), there is no statutory obligation for employers to collect evidence regarding the utilization of Leave Travel Concession or Conveyance Allowance by employees. The Court clarified that the exemption benefits the individual employee and that no circular from the Central Board of Direct Taxes mandates such evidence collection by employers. Consequently, the appeals were found to lack merit and were dismissed without costs.

COMMISSIONER OF INCOME TAX vs M/S. LARSEN & TOUBRO LTD. · Niyam