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january 2010

Supreme Court of India · 2010-01-05

NATIONAL HYDROELECTRIC POWER CORPN.LTD. vs COMMR.OF INCOME TAX

Citation / case number
SC 2006/34043
Court
Supreme Court of India
Petitioner
NATIONAL HYDROELECTRIC POWER CORPN.LTD.
Respondent
COMMR.OF INCOME TAX
Author
S. H. KAPADIA
Bench
S.H. KAPADIA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court addressed the accounting treatment of Advance Against Depreciation (AAD) under Section 115JB of the Income-tax Act, 1961. The Court held that since AAD is deducted from sales and does not constitute a debit in the profit and loss account, it cannot be classified as a reserve under clause (b) of Explanation-I to Section 115JB. Consequently, the Court ruled in favor of the assessee, stating that the AAD should not be added back to the book profit for tax computation purposes.

NATIONAL HYDROELECTRIC POWER CORPN.LTD. vs COMMR.OF INCOME TAX · Niyam