Independent show-cause notices remain separate proceedings, while customs adjudication challenges should ordinarily follow the statutory appellate rem...
Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
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The ITAT upheld the allowability of depreciation on goodwill arising from a court-sanctioned amalgamation under section 32(1)(ii), rejecting the AO's disallowance and reliance on AS-26 and precedent. The tribunal affirmed that once depreciation is allowed, the carry-forward of unabsorbed depreciation is a vested right and cannot be denied without reversal by a competent forum, thereby dismissing the AO's disallowance of brought-forward depreciation. Product registration expenses were held to be revenue in nature and deductible under section 37(1), not capital expenditure. The claim for deduction under section 80-IC was sustained, as the Baddi Unit was found to have operational autonomy and no nexus was established to allocate corporate expenses to it. Scrap income was deemed eligible for deduction under section 80-IC, consistent with prior assessments. Finally, the enhanced income due to disallowance under section 40(a)(ia) was held eligible for deduction under section 80-IC. All revenue appeals were dismissed.
The ITAT upheld the allowability of depreciation on goodwill arising from a court-sanctioned amalgamation under section 32(1)(ii), rejecting the AO's disallowance and reliance on AS-26 and precedent. The tribunal affirmed that once depreciation is allowed, the carry-forward of unabsorbed depreciation is a vested right and cannot be denied without reversal by a competent forum, thereby dismissing the AO's disallowance of brought-forward depreciation. Product registration expenses were held to be revenue in nature and deductible under section 37(1), not capital expenditure. The claim for deduction under section 80-IC was sustained, as the Baddi Unit was found to have operational autonomy and no nexus was established to allocate corporate expenses to it. Scrap income was deemed eligible for deduction under section 80-IC, consistent with prior assessments. Finally, the enhanced income due to disallowance under section 40(a)(ia) was held eligible for deduction under section 80-IC. All revenue appeals were dismissed.
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