Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Time-share membership fees received upfront were not taxable in full in the year of receipt because they were linked to continuing contractual obligations to provide accommodation and allied facilities over the membership period. The agreement created an accrued and enforceable liability, not a contingent one, and the fee had to be recognised in line with the period of performance under the real income and matching principles. Annual maintenance and utility charges were separate from the membership fee, so they did not justify immediate taxation of the entire receipt. The assessee's regularly followed method of accounting had legal sanction, and the Tribunal was in deleting the addition.
Time-share membership fees received upfront were not taxable in full in the year of receipt because they were linked to continuing contractual obligations to provide accommodation and allied facilities over the membership period. The agreement created an accrued and enforceable liability, not a contingent one, and the fee had to be recognised in line with the period of performance under the real income and matching principles. Annual maintenance and utility charges were separate from the membership fee, so they did not justify immediate taxation of the entire receipt. The assessee's regularly followed method of accounting had legal sanction, and the Tribunal was in deleting the addition.
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