Drawings/designs supply and erection supervision fees from German contractor: designs non-taxable; supervision taxed as FTS/PE depending on six-month ...
Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
The ITAT dismissed the Revenue's appeal and upheld the order of the CIT(A) in favour of the assessee. It held that, for computation of book profit u/s 115JB, clause 2(iii) of Explanation 1(i) mandates allowing set-off of the lower of brought-forward business loss or unabsorbed depreciation as per the books of account, on a cumulative basis. Relying on the binding reasoning of a non-jurisdictional High Court and noting dismissal of the Revenue's SLP, the ITAT confirmed that such losses remain available for reduction from book profits until fully absorbed by subsequent profits. No interference with the CIT(A)'s order was warranted, though the matter stands remitted to the AO only for quantification.
The ITAT dismissed the Revenue's appeal and upheld the order of the CIT(A) in favour of the assessee. It held that, for computation of book profit u/s 115JB, clause 2(iii) of Explanation 1(i) mandates allowing set-off of the lower of brought-forward business loss or unabsorbed depreciation as per the books of account, on a cumulative basis. Relying on the binding reasoning of a non-jurisdictional High Court and noting dismissal of the Revenue's SLP, the ITAT confirmed that such losses remain available for reduction from book profits until fully absorbed by subsequent profits. No interference with the CIT(A)'s order was warranted, though the matter stands remitted to the AO only for quantification.
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