Tag: capital or revenue
Forfeiture of advance received on agreement to sale of property is capital receipt not income from other sources ABCAUS Neutral Case Law Citation:ABCAUS 3691 (2023) (03) ITAT Important Case Laws relied upon by parties:Travencore Rubber & Tea Company Ltd. Vs. CIT (2000) 243 ITR 158 (SC)CIT Vs. Meera …
Entrance fee received by Club capital receipt not revenue. Supreme Court dismissed SLP of the Income Tax Department ABCAUS Case Law Citation ABCAUS 3634 (2023) (01) SC Important Case Laws relied upon:CIT vs. Diners Business Services Pvt. Ltd 263 ITR 1 (Bom.) In the instant case. SLP was …
Receipts from transfer of the Carbon Credits are capital in nature and not are chargeable to tax. In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming in upholding that the receipt from transfer of Carbon Emission Reduction (“CER”) is perquisite under …
Technology Upgradation Fund Subsidy received was capital receipt and not taxable. Supreme Court dismisses the SLP of the Department In the instant case, the Revenue had filed SLP before the Hon’ble Supreme Court challenging the order passed by the Hon’ble High Court in confirming that amount of subsidy …
No concealment penalty for claiming capital expenditure as revenue when there is no conscious and deliberate attempt by assessee to evade tax. In the instant case, the assessee had challenged the order passed by the CIT(A) confirming penalty u/s 271(1)(c) of the Income Tax Act, 1961 (the Act) …
Expenditure incurred by the assessee towards replacement of machinery with new machinery constitutes a capital expenditure. ABCAUS Case Law CitationABCAUS 3441 (2021) (01) ITAT Important case law relied referred:CIT vs. Sri Mangayarkarasi Mills P. Ltd, 315 ITR 114CIT vs. Sarvana Spinning Mills Ltd., 293 ITR 201.Elgi Equipments Ltd. …
Mesne profits and interest on mesne profits awarded by Court for unauthorised occupation by tenant taxable tax u/s 23(1) ABCAUS Case Law CitationABCAUS 3419 (2020) (11) HC Important case law relied upon by the parties:CIT vs. P. Mariappa Gounder 147 ITR 676CIT vs. Smt. Leela Ghosh 205 ITR …
Training Expenses on company executive revenue in nature not capital as the workforce can move out any time-ITAT ABCAUS Case Law CitationABCAUS 3400 (2020) (10) ITAT Important case law relied upon by the parties:ST Ericsson India Pvt. Ltd.CIT vs. Munjal Showa Ltd. In the instant case, the assessee …
Expenditure on ERP Software allowed as Revenue in nature despite being treated as deferred revenue expenditure in the books of accounts ABACUS Case Law CitationABCAUS 3362 (2020) (08) ITAT Important case law relied upon by the parties:CIT vs Associated Cement Companies Ltd: 172 ITR 257 (SC)Alembic Chemical Works …
Entrance fee / onetime fee from new members is capital receipts. Similarly donation towards corpus fund were also eligible for the exemption ABCAUS Case Law Citation: ABCAUS 2947 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties CIT vs. W.I.A.A. Club Ltd. 136 ITR 569 The …
