Supreme Court · 1998 INSC 302 · Decided 12 August 1998
Commissioner of Income Tax, Tamil Nadu Ii, Madras v. Madras Auto Service (P) LTD.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 302 · [1998] 3 S.C.R. 1121
- Case number
- CIVIL APPEAL No. 6068/1983
- Decided
- 12 August 1998
- Bench
- SUJATA V. MANOHAR, S. RAJENDRA BABU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 37(1)
Headnote
Income Tax Act, 1961: Section 37(1) A B Income Tax-Capital or revenue expenditure- AYs 1968-69 and J 969- C 70-Expenditure Incurred in constructing a new building not belonging to assessee-Nature of-Tests to determine-Assessee obtained lease of a premises for 39 years-Assessee Constructed a new the old building-Under the terms of the lease the new building belonged to the lessor right from its cor1struction and not to the assessee-However, assessee had the right to remain as tenant for 39 D years on an extremely low rent-Held: Under such circumstances, are case did not get any
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