Supreme Court · 2022 INSC 4 · Decided 3 January 2022

Kerala State Beverages Manufacturing & Marketing Corporation LTD. v. The Assistant Commissioner of Income Tax Circle 1(1)

Court
Supreme Court of India
Citation
2022 INSC 4 · [2022] 1 S.C.R. 105
Case number
CIVIL APPEAL No. 11/2022
Decided
3 January 2022
Bench
R. SUBHASH REDDY, HRISHIKESH ROY (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 289; Income Tax Act Section 40(a)(iib), 40(a)(i), 40(a)(ia), 40(a)(ic), 40

Headnote

Income Tax Act, 1961: s.40(a)(iib) - Purpose of amendment of Income Tax Act by Act 17 of 2013, by which s.40(a)(iib)(A), (B) is inserted - Held: The said amendment is made to plug the possible diversion or shifting owned undertakings into State's treasury - In view of s.40(a)(iib) of the Act any amount, which is levied exclusively on the State owned undertaking (KSBC in the instant case), cannot be claimed as a deduction in the books of State owned undertaking, thus same is liable to income

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