COMMISSIONER OF INCOME TAX Vs. BENARAS HOUSE LTD.
LAWS(DLH)-2007-7-315
HIGH COURT OF DELHI
Decided on July 19,2007

COMMISSIONER OF INCOME TAX Appellant
VERSUS
BENARAS HOUSE LTD. Respondents

JUDGEMENT

- (1.) THE following question of law has been referred for our consideration under s. 256(1) of the IT Act, 1961 : "Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was justified in holding that the current repairs on cars should be allowed under s. 31 of the IT Act and the same are outside the purview of s. 37(3A) -
(2.) LEARNED counsel for the Revenue has drawn our attention to three decisions being CIT vs. Price Waterhouse (1994) 207 ITR 564 (Cal), CIT vs. General Electric Co. of India Ltd. (2002) 178 CTR (Cal) 428 : (2002) 256 ITR 632 (Cal) and George Williamson (Assam) Ltd. vs. CIT (1997) 139 CTR (Gau) 194 : (1997) 223 ITR 203 (Gau).
(3.) WE have gone through these decisions and do not find any error in the view taken to the effect that repair and maintenance of motor cars is not subject to the restrictions provided in s. 37(3A) r/w s. 37(3B) of the IT Act, 1961. Learned counsel for the Revenue states that there is also a similar decision of the Punjab and Haryana High Court but he is unable to give the citation at the moment.;


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