Supreme Court of India · 2015-05-14
Joshi Technologies International Inc vs Union Of India & Ors
- Citation / case number
- AIR 2015 SC (SUPP) 1889
- Court
- Supreme Court of India
- Petitioner
- Joshi Technologies International Inc
- Respondent
- Union Of India & Ors
- Author
- A.K. Sikri
- Bench
- Rohinton Fali Nariman, A.K. Sikri
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellant's writ petition, affirming that the appellant was not entitled to deductions under Section 42 of the Income Tax Act, 1961 due to the absence of specific provisions in the Production Sharing Contracts. The Court emphasized that for deductions under Section 42(1)(b) and 42(1)(c) to apply, such allowances must be explicitly included in the agreements with the Central Government. The ruling clarified that inadvertent omissions in contracts do not warrant entitlement to tax benefits, thereby reinforcing the necessity of compliance with statutory requirements.