Supreme Court · 1989 INSC 118 · Decided 31 March 1989
Alembic Chemical Works CO. LTD. v. Commissioner of Income Tax, Gujarat
- Court
- Supreme Court of India
- Citation
- 1989 INSC 118 · [1989] 2 S.C.R. 302
- Case number
- CIVIL APPEAL No. 43/1975
- Decided
- 31 March 1989
- Bench
- R.S. PATHAK, M.N. VENKATACHALIAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 37
Headnote
CHEMICAL WORKS CO. LID. v. COMMISSIONER OF INCOME TAX, GUJARAT MARCH 31, 1989 B [R.S. PATHAK, 0 AND M.N. VENKATACHALIAH, JJ.j Income Tax Act, 1961: Section 37-Tests to determine whether -~ Capital or Revenue Expenditure--' Once for all' and 'enduring benefit' tests-Not conclusive--Object and process and technology supplemental to existing . I business-No new venture--Whether the payment made is a revenue ~ expenditure qualifying for deduction. The appellant-assessee, a company engaged in the manufacture D of penicillin, in order to increase its production, entered into'!"
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