Bombay H.C : Whether the expenditure incurred on hiring of yellow taxis stood disallowed under s. 37(3A) of the IT Act, 1961, as it stood at the relevant time

High Court Of Bombay

CIT vs. Indian Hume Pipe Co. Ltd.

Sections 37(3A), 37(3B)

Asst. Year 1985-86

S.H. Kapadia & V.C. Daga, JJ.

ITA No. 256 of 2000

27th March, 2000

Counsel Appeared

R.V. Desai with J.P. Deodhar i/b R.N. Bandopadhyay, for the Appellant : Arun P. Sathe, for the Respondent

JUDGMENT

BY THE COURT :

A short point which arises for consideration in this appeal is whether the expenditure incurred on hiring of yellow taxis stood disallowed under s. 37(3A) of the IT Act, 1961, as it stood at the relevant time. The relevant year of assessment is 1985-86. The Act as it stood at the relevant time, inter alia, stated under s. 37(3B), Explanation (c), that expenditure incurred on hire charges for engaging cars plied for hire stood disallowed. In the present case, the assessee has incurred expenses on hiring taxis (yellow taxis). Therefore, s. 37(3B) has no application to the facts of the present case. In the circumstances, we do not find any error of law in the decision of the Tribunal. Hence, the appeal is dismissed. No order as to costs.

[Citation : 250 ITR 592]

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