Supreme Court of India · 2009-05-08
Commnr. Of Income Tax, Udaipur vs Mcdowell & Co. Ltd
- Citation / case number
- AIRONLINE 2009 SC 278
- Court
- Supreme Court of India
- Petitioner
- Commnr. Of Income Tax, Udaipur
- Respondent
- Mcdowell & Co. Ltd
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the applicability of Section 43B of the Income Tax Act, 1961, determining that unpaid bottling fees, upon furnishing a bank guarantee, do not constitute actual payment for deduction purposes under Section 43B. The Court also clarified that depreciation on research and development assets related to a closed business is not permissible, and the nature of expenditure for new transformers must be assessed in light of existing assets. The matter was remitted to the Assessing Officer for further consideration based on established precedents.