VidhiSangh

Supreme Court of India · 05/03/2020

COMMISSIONER OF INCOME TAX, UDAIPUR versus M/S. CHETAK ENTERPRISES PVT. LTD.

[2020] 4 S.C.R. 44 · 2020 INSC 279

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Summary

The Supreme Court upheld Chetak Enterprises’ infrastructure deduction for assessment year 2002–03 after a partnership firm’s statutory conversion into a company. Assets vested without conveyance under Part IX of the Companies Act, and the company succeeded to the government road agreement, which contemplated conversion and included successors and assigns. Both the corporate-ownership and government-agreement conditions relied upon to deny deduction were therefore fulfilled.

Issues

  1. Whether statutory conversion of the firm satisfied the corporate-ownership requirement for infrastructure deduction.
  2. Whether the company succeeded to the government agreement originally executed by the firm.

Provisions considered

Held

Result

Revenue’s appeal for assessment year 2002–03 dismissed without costs; deduction under section 80-IA upheld.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 44.