Supreme Court · 1972 INSC 300 · Decided 12 December 1972

Debra Dun Tea CO. LTD. & ANR. v. Commissioner of Income Tax, U.P., Lucknow

Court
Supreme Court of India
Citation
1972 INSC 300 · [1973] 3 S.C.R. 83
Case number
CIVIL APPEAL No. 56/1970
Decided
12 December 1972
Bench
K.S. HEGDE, P. JAGANMOHAN REDDY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(2)(xv), 10, 40, 66(1)

Headnote

Income-tax Act 1922 s. 10(2) (xv)-Deductib/e expenditure-Tax paid by tea growers under U.P. Large Land Holdings Act XXXJ of 1951 whether deductible. The assessee companies were growers of tea. Their income was taxed under s. 10 of the Income-tax Act 1922 but under Rule 24 of the Rules framed under was brought to tax. The expenditure was also allowed to the extent of 40%. The companies claimed that the tax paid by them under the U.P. Large Land Holdings Tax Act 1957 was deductible under s. 10(2)(xv) of the Income-tax Act. The claim was disallowed by the income-tax authorities. In a reference

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