Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
In the High Court case, the issues addressed included the taxability of pre-payment of sales tax liability, benefits from DEPB License/Focus Market Licenses, and loss of profit due to fire without insurance recovery. The court held that the pre-paid sales tax amount saved by the assessee was a capital receipt, not taxable as revenue. Benefits from licenses were deemed hypothetical income until actual realization, not taxable. Loss of profit due to fire without insurance recovery was not taxable as income until it was enforceable. The court referred to relevant legal precedents to support these decisions. The Revenue appeal was dismissed.
In the High Court case, the issues addressed included the taxability of pre-payment of sales tax liability, benefits from DEPB License/Focus Market Licenses, and loss of profit due to fire without insurance recovery. The court held that the pre-paid sales tax amount saved by the assessee was a capital receipt, not taxable as revenue. Benefits from licenses were deemed hypothetical income until actual realization, not taxable. Loss of profit due to fire without insurance recovery was not taxable as income until it was enforceable. The court referred to relevant legal precedents to support these decisions. The Revenue appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
