The Tax Publishers2020 TaxPub(DT) 0454 (SC) : (2020) 269 TAXMAN 0041

INCOME TAX ACT, 1961,

Section 261 Section 37

Where the Department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Gujarat Co-op. Milk Marketing Federation Ltd. [R/Tax Appeal No. 1266 of 2018 with R/Tax Appeal No. 1267 of 2018, dt. 22-10-2018] : 2018 TaxPub(DT) 6925 (Guj-HC), whereby the High Court held that expenditure was general in nature and not co-relatable to any tangible returns which could be expected out of such expenditure, therefore, same was allowable as revenue in nature, the Supreme Court dismissed the SLP, however, keeping the question of law open.

Appeal (Supreme Court) - Special leave petition - Capital or revenue expenditure - Expenditure on fertility improvement programme

Department preferred SLP to appeal against the judgment of Gujarat High Court in Pr. CIT v. Gujarat Co-op. Milk Marketing Federation Ltd. [R/Tax Appeal No. 1266 of 2018 with R/Tax Appeal No. 1267 of 2018, dt. 22-10-2018] : 2018 TaxPub(DT) 6925 (Guj-HC), whereby the High Court held that expenditure was general in nature and not co-relatable to any tangible returns which could be expected out of such expenditure, therefore, same was allowable as revenue in nature. Held: The Supreme Court dismissed the SLP, however, keeping the question of law open.

REFERRED :

FAVOUR : SLP dismissed

A.Y. :

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