Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The Delhi High Court addressed issues related to reimbursement of software costs, reimbursement of expatriate salaries, and lease registration charges. The court held that the addition made for reimbursement of software costs was not proven as the assessee failed to demonstrate actual receipt and use of software in India for business purposes. Referring to a Supreme Court judgment, it was established that payments to nonresident software suppliers were not royalty and not subject to TDS. The court found the ITAT's deletion of the addition for expatriate salaries lacked sufficient reasoning and required further consideration. Regarding lease registration charges, the ITAT's decision to not amortize them over the lease period was upheld, as registration charges are one-time expenses not linked to the lease duration. The court admitted appeals to determine if the ITAT erred in deleting the additions without considering the potential double deduction nature of the claims.
The Delhi High Court addressed issues related to reimbursement of software costs, reimbursement of expatriate salaries, and lease registration charges. The court held that the addition made for reimbursement of software costs was not proven as the assessee failed to demonstrate actual receipt and use of software in India for business purposes. Referring to a Supreme Court judgment, it was established that payments to nonresident software suppliers were not royalty and not subject to TDS. The court found the ITAT's deletion of the addition for expatriate salaries lacked sufficient reasoning and required further consideration. Regarding lease registration charges, the ITAT's decision to not amortize them over the lease period was upheld, as registration charges are one-time expenses not linked to the lease duration. The court admitted appeals to determine if the ITAT erred in deleting the additions without considering the potential double deduction nature of the claims.
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