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2006 (8) TMI 612 - SUPREME COURTApplicability of "Section 44C or 37(1)" - In respect of head office expenditure - HELD THAT:- In the absence of the original file showing that the revenue did not file any appeal by taking a conscious decision against the decision of the Calcutta High Court in the case of Rupenjuli Tea Co. Ltd.(supra), we assume that the revenue had accepted the ratio of the aforesaid case in Rupenjuli Tea Co. Ltd.(supra) and accordingly answer the question regarding the applicability of Section 44C of the Act against the revenue and in favour of the assessee. Learned counsel appearing for the revenue does not challenge that in the absence of applicability of Section 44C of the Act, Section 37(1) would apply. Accordingly, we answer question No.2 as well against the revenue and in favour of the assessee regarding the applicability of Section 44C of the Act as well as allow the HO expenditure u/s 37(1) of the Act. The Appeals are dismissed accordingly.
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