M/S Arshiya Ltd. , Mumbai vs Dcit Cc 6 (4) , Mumbai on 8 April, 2024
In our opinion the Supreme Court in East India
Pharmaceutical Works Ltd.'s case (supra) had the occasion to consider
the decision of the Calcutta High Court in Woolcombers of India Ltd.'s
case (supra) where a similar issue had arisen. Before the Supreme Court
it was argued that it should have been presumed that in essence and
true character the taxes were paid out of the profits of the relevant year
and not out of the overdraft account for the running of the business and
in these circumstances the appellant was entitled to claim the
deductions. The Supreme Court noted that the argument had
considerable force, but considering the fact that the contention had not
been advanced earlier it did not require to be answered.