Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
The dominant issue was whether financial support received under a state scheme for setting up a small hydro power project constituted a capital receipt requiring reduction of the cost of depreciable assets, thereby restricting depreciation. The Tribunal held the scheme's conditions showed the subsidy was an incentive to encourage entrepreneurs and was not linked to meeting the cost of any specific asset, including because disbursement could be deferred until commissioning and commercial generation. It further held s. 2(24)(xviii) was prospective and inapplicable to the relevant years. Consequently, reduction of asset cost and the resulting depreciation disallowance were set aside and depreciation was allowed in full - ITAT
The dominant issue was whether financial support received under a state scheme for setting up a small hydro power project constituted a capital receipt requiring reduction of the cost of depreciable assets, thereby restricting depreciation. The Tribunal held the scheme's conditions showed the subsidy was an incentive to encourage entrepreneurs and was not linked to meeting the cost of any specific asset, including because disbursement could be deferred until commissioning and commercial generation. It further held s. 2(24)(xviii) was prospective and inapplicable to the relevant years. Consequently, reduction of asset cost and the resulting depreciation disallowance were set aside and depreciation was allowed in full - ITAT
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