Supreme Court of India

G.K. Choksi & Company v. Commissioner of Income Tax, Gujarat

Neutral citation
Reported as [2007] 12 S.C.R. 561
Bench Ashok Bhan, Harjit Singh Bedi and V.S. Sirpurkar JJ.
Decided 27 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.

What the Court ordered

For the foregoing reasons, we do not find any merit in the appeal B and dismiss the same, leaving the parties to bear their own costs.

Judgment, page 12

From the headnote

Income Tax Act, 1961: S.32(1)(iv): Depreciation by way of deduction-Assessee-Firm of Chartered c Accountants constructing a building for its employees-Claiming depreciation of 40% in terms of provision u/s 32(1)(iv)-Rejected by ITO on ground that benefit under the provisions applicable to an assessee carrying business and not available to professionals- Reversed by appellate authority-Tribunal restoring the order of ITO­ Confirmed by High Court-On appeal, held, the word business appearing in s. 32(1)(iv) cannot be construed so as to include "profession" as well-In terms of provisions under

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