2006 (5) TMI 67

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..... urn for the assessment year 1995-96 disclosing a total income of Rs. 3,43,09,480. The appellant had claimed a deduction of electricity charges of Rs. 2,10,845 and claimed another deduction of an amount of Rs. 29,12,000 under section 80M. The Assessing Officer had disallowed deduction of Rs. 2,10,845 being expenditure of the period prior to the assessment year and also disallowed deduction under se .....

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..... o claimed under section 80M was disallowed by the Assessing Officer and confirmed by the Commissioner of Income-tax (Appeals) on the ground even though the dividend was declared by the assessee before the due date for filing of actually distributed only after the due date by a cheque drawn on December 8, 1995. It is contended by counsel for the appellant that a resolution for payment of proposed .....

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..... nother domestic company as does not exceed the amount of dividend distributed by the first-mentioned domestic company on or before the due date. (2) Where any deduction, in respect of the amount of dividend distributed by the domestic company, has been allowed under subsection (1) in any previous year, no deduction shall be allowed in respect of such amount in any other previous year. Explanatio .....

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..... no other meaning can be given to the provisions except what is clear from the language. The court cannot, by way of interpretation put additional words into the statute. Section 80M of the Income-tax Act requires that the dividend should have been distributed before the due date for filing of returns under section 139(1) of the Act. If this requirement of law is not complied with and a mere resolu .....

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..... e assessee and the assessee, on the basis of average, could make a provision for this expenditure for every year of assessment even if no bill is received in a particular year of assessment. The assessee has failed to claim this expenditure in the earlier assessment year, and if the assessee, has failed to discharge this duty of providing for a known expenditure, the assessee cannot claim the same .....

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