International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
The High Court dealt with multiple MAT computation issues under Section 115JB, applying Apollo Tyres to hold that items not covered by Explanation 1, including foreign corporate tax and deferred revenue expenditure, could not be added back. It also accepted concurrent findings that state capital investment subsidy was a capital receipt, that expenditure on construction of a government-owned road was revenue in nature, and that wealth tax provision was not contemplated under the section. The appeal was admitted only on four issues: sales tax subsidy in book profit, provision for bad and doubtful debts, revenue from trial run production, and withdrawal from share premium account, to be heard with the connected appeal for the earlier year.
The High Court dealt with multiple MAT computation issues under Section 115JB, applying Apollo Tyres to hold that items not covered by Explanation 1, including foreign corporate tax and deferred revenue expenditure, could not be added back. It also accepted concurrent findings that state capital investment subsidy was a capital receipt, that expenditure on construction of a government-owned road was revenue in nature, and that wealth tax provision was not contemplated under the section. The appeal was admitted only on four issues: sales tax subsidy in book profit, provision for bad and doubtful debts, revenue from trial run production, and withdrawal from share premium account, to be heard with the connected appeal for the earlier year.
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