Supreme Court · 2015 INSC 390 · Decided 7 May 2015
Commissioner of Income Tax, Kerala v. M/S. Travancore Sugar and Chemicals LTD.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 390 · [2015] 6 S.C.R. 782
- Case number
- CIVIL APPEAL No. 2558/2005
- Decided
- 7 May 2015
- Bench
- A.K. SIKRI, R.F. NARIMAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 43B(a), 438
Headnote
C Income Tax Act, 1961 - s. 43B(a) - Deduction under- Disallowance of - For the assessment of assessment year 1990-1991 - Propriety of- Held: The assessment year in question would attract amendment to s.438 by Finance Act, 1988 w.e.f. 1.4.1989- In view of the amendment even ifthe o the assessee does not directly fall within the expression 'fee' contained in s.43B(a), it would be a 'fee' by 'whatever name called' - Hence disallowance of vend fee under s. 438 is correct since it was not paid before expiry of the relevant previous year. E Disposing of the appeal, the Court
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