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...
Repairs and maintenance on plant and machinery were examined to determine whether the outlay was capital or revenue. Since the expenditure involved only minor replacement of parts/pipelines and components of the effluent treatment system due to wear and tear, without replacement of an entire plant or creation of an enduring advantage, it was held to be revenue in nature; the enhanced disallowance was deleted. Professional fees were assessed for allowability under s. 37(1) where the authority treated certain items as relating to fresh share capital. Fees for share transfer work, reconciliation for share capital audit reporting, and listing of equity shares were held not to be for capital expansion and were allowed as revenue expenditure; the related disallowance was directed to be deleted. - ITAT
Repairs and maintenance on plant and machinery were examined to determine whether the outlay was capital or revenue. Since the expenditure involved only minor replacement of parts/pipelines and components of the effluent treatment system due to wear and tear, without replacement of an entire plant or creation of an enduring advantage, it was held to be revenue in nature; the enhanced disallowance was deleted. Professional fees were assessed for allowability under s. 37(1) where the authority treated certain items as relating to fresh share capital. Fees for share transfer work, reconciliation for share capital audit reporting, and listing of equity shares were held not to be for capital expansion and were allowed as revenue expenditure; the related disallowance was directed to be deleted. - ITAT
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