Supreme Court · 1993 INSC 141 · Decided 6 April 1993

Cit, Madras v. Brakes India LTD.

Court
Supreme Court of India
Citation
1993 INSC 141 · [1993] 2 S.C.R. 993
Case number
CIVIL APPEAL No. 1287/1982
Decided
6 April 1993
Bench
B.P. JEEVAN REDDY, N. VENKATACHALA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 40(c)(iii), 10(6)(vii)

Headnote

v. BRAKES INDIA LTD. APRIL 6, 1993 (B.P. JEEVAN REDDY AND N. VENKATACHALA, JJ.) Income tax Act, 1961: A B Sections 10(6)(vii) and 40(c)(iii)-Salary paid to Foreign Technical Directol'-Exempt under the head 'Sa/aries'-Whether could be included in C tfle total income. During the accounting order of perquisites. The Income-tax Officer allowed only a sum of Rs. 13,200 by D way of perquisites and disallowed the balance of Rs. 15,376 in view of Section 40(c)(iii) of the Income-tax Act, 1961. On an appeal by the assessee, the Appellate Assistant Commissioner held that since the salary of the

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