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    <title>1962 (10) TMI 52 - Supreme Court</title>
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    <description>Advance paid as the price for acquiring shares was not a trading debt; the court applied the commercial substance test and the distinction between trading debts and mere advances, finding no nexus with trading activity, and denied deduction under section 10(2)(xi). The payment was also held to be capital in nature because it was made to acquire shares and agency rights and was incurred in an earlier year; it therefore failed the revenue-expenditure test and was not allowable under section 10(2)(xv). Both statutory heads were rejected on these factual and legal bases.</description>
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    <pubDate>Thu, 25 Oct 1962 00:00:00 +0530</pubDate>
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      <title>1962 (10) TMI 52 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=152215</link>
      <description>Advance paid as the price for acquiring shares was not a trading debt; the court applied the commercial substance test and the distinction between trading debts and mere advances, finding no nexus with trading activity, and denied deduction under section 10(2)(xi). The payment was also held to be capital in nature because it was made to acquire shares and agency rights and was incurred in an earlier year; it therefore failed the revenue-expenditure test and was not allowable under section 10(2)(xv). Both statutory heads were rejected on these factual and legal bases.</description>
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      <pubDate>Thu, 25 Oct 1962 00:00:00 +0530</pubDate>
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