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...
Time-share membership fees received upfront were held to be assessable on a deferred basis where the contract imposed continuing obligations to provide accommodation and related facilities over the membership period. The Court applied the matching principle and accepted the assessee's method of accounting, holding that taxing the entire receipt in the year of receipt would distort true profits because the corresponding liability extended into future years. The obligations were treated as real and subsisting, not merely contingent, and annual maintenance and utility charges were viewed as separate from the membership fee. The deferment of part of the fee over the contract tenure was upheld.
Time-share membership fees received upfront were held to be assessable on a deferred basis where the contract imposed continuing obligations to provide accommodation and related facilities over the membership period. The Court applied the matching principle and accepted the assessee's method of accounting, holding that taxing the entire receipt in the year of receipt would distort true profits because the corresponding liability extended into future years. The obligations were treated as real and subsisting, not merely contingent, and annual maintenance and utility charges were viewed as separate from the membership fee. The deferment of part of the fee over the contract tenure was upheld.
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