Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Variable licence fee paid to the Ministry for a DTH broadcasting licence was held not covered by s. 35ABB, since that provision applies only to capital expenditure for obtaining a licence to operate "telecommunication services," and DTH activity is broadcasting/distribution and not telecommunication as per TRAI definitions; consequently, the variable licence fee was allowable as revenue expenditure under s. 37(1), and the contrary reliance on telecom-licence precedent was rejected, directing allowance of the deduction. Provision for interest on outstanding/enhanced licence fee was treated as an ascertained contractual liability supported by the agreement, guidelines and demands, and was allowable under mercantile accounting; deletion of the disallowance was upheld. - ITAT
Variable licence fee paid to the Ministry for a DTH broadcasting licence was held not covered by s. 35ABB, since that provision applies only to capital expenditure for obtaining a licence to operate "telecommunication services," and DTH activity is broadcasting/distribution and not telecommunication as per TRAI definitions; consequently, the variable licence fee was allowable as revenue expenditure under s. 37(1), and the contrary reliance on telecom-licence precedent was rejected, directing allowance of the deduction. Provision for interest on outstanding/enhanced licence fee was treated as an ascertained contractual liability supported by the agreement, guidelines and demands, and was allowable under mercantile accounting; deletion of the disallowance was upheld. - ITAT
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