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september 2016

Supreme Court of India · 2016-09-16

M/S.SHASUN CHEMICALS AND DRUGS LTD. vs COMMISSIONER OF INCOME TAX, CHENNAI

Citation / case number
SC 2011/27522
Court
Supreme Court of India
Petitioner
M/S.SHASUN CHEMICALS AND DRUGS LTD.
Respondent
COMMISSIONER OF INCOME TAX, CHENNAI
Author
A.K.SIKRI
Bench
N.V. RAMANA A.K. SIKRI

Judgment text excerpt

The Supreme Court addressed the issues of amortization of expenditure under Section 35D of the Income Tax Act, 1961, and the deduction for bonus payments made by the appellant, M/s. Shasun Chemicals and Drugs Ltd. The Court held that share issue expenses are capital in nature and thus not deductible under Section 35D, reaffirming the precedent set in Brook Bond India Ltd. v. Commissioner of Income Tax. The appeals were dismissed, upholding the disallowance of the expenses for the relevant assessment years.

M/S.SHASUN CHEMICALS AND DRUGS LTD. vs COMMISSIONER OF INCOME TAX, CHENNAI · Niyam