Supreme Court · 1975 INSC 200 · Decided 4 September 1975

J. K. Cotton Manufacturers LTD. v. The Commlssloner of Income Tax, Lucknow

Court
Supreme Court of India
Citation
1975 INSC 200 · [1976] 1 S.C.R. 648
Case number
CIVIL APPEAL No. 2203/1970
Decided
4 September 1975
Bench
HANS RAJ KHANNA, V.R. KRISHNA IYER, A.C. GUPTA, S. MURTAZA FAZAL ALI (4-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Income Tax Act Section 37(1)

Headnote

. lnccrne~tax Act (11 of 1922) s. 10(2) (Xl')-Scdpe of-Payn1ent to. nianag- 1ng agent of co1npe11sation fo'r tcr111i11ati11g n1anogi11g agency-Whether capital or revenue expenditure. An: analysis of s. 10(2){xv). of tM Income-tax Act, 1922, shows that in order to be a deductible expenditure (i) that it must be laid out wholly and exclusivel:Y for the purpose of the· business, profession or vocation; and (ii) that i_t should not b~ an expenditure of a capitnl nature. Both these conditions have to be complied with before an· ass&see can claim deduction under

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