Supreme Court · 2023 INSC 416 · Decided 24 April 2023

The Commissioner of Income Tax Jaipur v. Prakash Chand Lunia (D) THR. LRS. & ANR.

Court
Supreme Court of India
Citation
2023 INSC 416 · [2023] 7 S.C.R. 85
Case number
CIVIL APPEAL No. 7689/2022
Decided
24 April 2023
Bench
M.R. SHAH, M.M. SUNDRESH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Income Tax Act Section 10(1)

Headnote

Income Tax Act, 1961 - Explanation to s.37(1) - 'any expenditure' in s.37 - Expenditure/loss incurred for any purpose which is an offence or prohibited by law, not deductible in terms of Explanation 1 to s.37 - High Court relying upon the Piara Singh case allowed the loss of confiscation of silver bars as a business loss - Sustainability of - Held: Not sustainable - Explanation to s.37(1) provides that any expenditure incurred by the assessee for any purpose which is an offence or prohibited by law is not an

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