Supreme Court of India

J.K. Industries Ltd. & Anr v. Union of India and Ors.

Neutral citation

Reported as [2007] 12 S.C.R. 136

Bench S.H. Kapadia J.

Decided 19 November 2007

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.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that that impugned Rule adopting AS 22 is intra vires as the said Rule is incidental and/or supplementary to the specific powers given to the Central Government to make Rules, particularly when such H power is given to fill-in details.

Judgment, page 163

From the headnote

Companies (Accounting Standards) Rules, 2006: c Accounting for taxes on income-Accounting Standard 22 (AS 22)-Adoption of-By the Rules framed by Central Government- Challenged as being ultra vires the provisions of Companies Act so far as it related to 'deferred taxation; and as being in excess of the powers conferred upon Central Government-Held: Rule is neither ultra vires nor inconsistent with the provisions of the Companies Act- Rules and the Act form part of the composite scheme-Rules are ;. supplementary to the Act and constitute a legitimate aid to the construction of the provisions of

Authorities it was built on

1987 Union of India & Anr. v. Cynamide India Lid. & Anr. cited by 45
1953 Chainrup Sampatram v. Commissioner of Income-tax, West Bengal. cited by 12

Where later benches applied it

2018 Lok Prahari, through its General Secretary S. N. Shukla v. Union of India & Others Writ Petition (c) No. 784 of 2015 February 16, 2018 relied on
2015 Hindustan Zinc Ltd v. Rajasthan Electricity Regulatory Commission relied on
2011 Academy of Nutrition Improvement and Ors. v. Union of India relied on
2024 Gaurav Kumar v. Union of India and Ors. referred to
2023 K. C. Ninan v. Kerala State Electricity Board & Ors. referred to
2023 Anushka Rengunthwar & Ors v. Union of India & Ors. referred to
2022 Union of India v. Alapan Bandyopadhyay referred to
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. referred to
2011 K.T. Plantation Pvt. Ltd. & Anr v. State of Karnataka mentioned
2019 Union of India v. Association of Unified Telecom Service Providers of India Etc.etc. distinguished

Of those, 3 relied on · 1 distinguished · 5 referred to · 1 mentioned

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