Dalmia Dairy Industries Ltd. versus Commissioner of Income Tax (Delhi High Court)

Litigation expenses incurred for recovering the sale proceeds from Pakistan were of a capital nature and were not allowable as an expenditure(Para 3) There is nothing in the sub-rule 40 (1) which stipulates or requires the Income Tax Officer to exercise his discretion to reduce or waive interest payable under Section 215 or 217 only after an assessment is completed.(Para 9) Sales-tax liability of Rs. 7,00,057/- is an allowable deduction during the year under consideration Since litigation expenses have been disallowed, cost and litigation charges of Rs. 29,53,197/- are not taxable as revenue r...