Supreme Court · 2010 INSC 102 · Decided 16 February 2010
M/S. Dynamic Orthopedics PVT. LTD. v. Commissioner of Income Tax, Cochin, Kerala
- Court
- Supreme Court of India
- Citation
- 2010 INSC 102 · [2010] 2 S.C.R. 879
- Case number
- CIVIL APPEAL No. 8419/2003
- Decided
- 16 February 2010
- Bench
- S.H. KAPADIA, AFTAB ALAM (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Civil
- Acts & sections cited
- Companies Act; Income Tax Act Section 115J
Headnote
Income Tax Act, 1961: A B s. 115-J - Book profit - Depreciation - Assessee c providing for depreciation under r. 5 of Income Tax Rules, but Assessing Officer allowing depreciation as per Schedule XIV to the Companies Act - High Court upholding the view of Assessing Officer - But, Court in CIT vs. Malaya/a Manorama Company Ltd.* stood reversed by D judgment of Supreme Court in Malaya/a Manorama Company Ltd. vs. CIT** - HELD: Section 115J of the 1961 Act is a special provision relating only to certain Companies - The whole purpose of s. 115J was to take care of the
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