1966 (9) TMI 34 - SUPREME COURT

Whether the expenses of ₹ 20,035 incurred in the assessment year 1949-50 and ₹ 5,912 (relating to the assessment year 1950-51) being the cost paid to Government as directed by the Privy Council were expenses incurred in the ordinary course of business and allowable as deductions ?

Held that:- Expenditure incurred to resist in a civil proceeding the enforcement of a measure--legislative or executive--which imposes restrictions on the carrying on of a business, or to obtain a declaration that the measure is invalid would, if other conditions are satisfied, be admissible, in our judgment, under section 10(2)(xv) as a permissible deduction in the computation of taxable income.

The appeals are therefore allowed in favour of assessee.