Tag: capital or revenue
Exemption from excise duty does not fall in the definition of income as envisaged under Section 2(24)(xviii) of the Income Tax Act. In a recent judgment, Hon’ble High Court of Jammu & Kashmir and Ladakh held that exemption from excise duty does not fall in the definition of …
Compensation received by the assessee from the builder for cancelling the allotment of flat for delay not chargeable to tax being in the nature of capital receipt. In a recent judgment, ITAT Delhi has held that compensation received by the assessee from the builder for cancelling the allotment …
No enduring benefit arises when software project was abandoned due to change in technology. Supreme Court dismisses SLP of Department In a recent case, the Hon’ble Supreme Court has dismissed the Special Leave Petition (SLP) of the Revenue against the judgment of the Hon’ble High Court of Karnataka …
Interest earned on borrowed funds/ unutilized capital subsidy are capital receipts In a recent judgment, Hon’ble Guwahati High Court has held that Interest earned on borrowed funds/ unutilized capital subsidy are capital receipts ABCAUS Case Law Citation:ABCAUS 3986 (2024) (04) HC Important Case Laws relied upon:Commissioner of Income …
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. …
