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may 2016

Supreme Court of India · 2016-05-12

DIRECTOR GENERAL OF I.T(ADMN) vs M/S GTC INDUSTRIES LTD.

Citation / case number
SC 2012/9004
Court
Supreme Court of India
Petitioner
DIRECTOR GENERAL OF I.T(ADMN)
Respondent
M/S GTC INDUSTRIES LTD.
Author
A.K. SIKRI

Judgment text excerpt

The Supreme Court addressed the rehabilitation of M/s GTC Industries Ltd. under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), specifically citing Section 15. The Court upheld the Board of Industrial and Financial Reconstruction's approval of the Draft Rehabilitation Scheme (DRS), which included tax reliefs under Sections 41(1), 115JB, 43-B, and 72(3) of the Income Tax Act, 1961. The Court affirmed that the DRS was valid and the income tax demands raised were to be considered in light of the rehabilitation process, thereby allowing the company to carry forward unabsorbed losses and waiving penalties during the rehabilitation period.

DIRECTOR GENERAL OF I.T(ADMN) vs M/S GTC INDUSTRIES LTD. · Niyam