Supreme Court of India
Mahalaxmi Sugar Mills Co. Ltd. v. Commissioner of Income-tax, Delhi, New Delhi
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In the result, the appeal is allowed, the judgment dated 25th October, 1971 of the Delhi High Court is set aside and the question referred by the Income Tax Appellate Tribunal are answered in the affirmative, in favour of the assessee and against the Revenue.
Judgment, page 7
From the headnote
a· " Indian Income Tax Act 1922-Section 10(2) (xv)-Inter""t paid on arrears • of mgarcane cess-Whether penalty-Interest if a permissible deduction. Section 3(2) of the U.P. Sugarcane Cess Act, 1956 provides that the owner of a sugar factory shall pay cess on sugaroone coming into the pre mises of a factory for use therein, on mch date and at such place as may be prescribed. Sub-section (3) provides that if the cess is not paid by the specified date, interest at six per cent per annum is payable on the arrears from the specified date to the date of payment. Where a person is in default in
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