High CourtsDivision Bench(1981) 09 MAD CK 0018

Commissioner of Income Tax, Tamil Nadu-IV vs Rukmani Mills Ltd.

Madras High Court · Decided on 29 September 1981 · Citation: (1982) 27 CTR 135 : (1982) 133 ITR 155

HON’BLE JUDGES
V. Sethuraman, J · N.V. Balasubramanian, J
CASE NUMBER
Tax Case No. 453 of 1977

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

26 paragraphs · 332 words

Sethuraman, J.—The following question has been referred by the Tribunal under s, 256(1) of the I. T. Act, 1961 :

Whether, on the facts and in the circumstances of the case, it has been rightly held by the Tribunal that the guarantee commission paid of Rs.

14,003 in acquiring certain machinery in the assessee''s case and for stay of tax is an admissible deduction u/s 37 of the Income Tax At, 1961, for

the assessment year 1970-7 ?

2.

The question, in so far as it refers to ""for stay of tax"", is not happily worded. A sum of Rs. 14,003 was paid as guarantee commission to the

Bank of Madura. The break-up of the amount for the several items are as follows :

Rs.

(1) For accepting usance bills under

Industries Development Bank of India Scheme

(IDBI) for purchase for four numbers of

Doubling Frames ...... 6,078.74

(2) For accepting usance bills under Industrial

Development Bank of India Scheme (IDBI) for

purchase of drafting conversion materials for

Ring Frames ....... 6,679.72

(3) For giving guarantee to the Commercial Taxes

Department for getting stay of disputed sales

tax 1,245.00

-----------

Total ...14,003.46

3.

It may be seen that the first two amounts represent the commission paid for importing machinery and the third item is for the purpose of

complying with a condition in the order granting stay of collection of tax pending disposal of the appeal or other proceedings on sales tax.

4.

As far as the first two amounts are concerned, the matter has already been decided in Sivakami Mills Ltd. Vs. Commissioner of Income Tax, .

As far as the third amount is concerned, it would stand on an a fortiori footing, because sales tax is a revenue liability and the guarantee commission

paid for discharging a revenue liability would clearly be revenue.

5.

The result is that the question referred is answered in the affirmative and in favour of the assessee. There will be no order as to costs.