Transfer-pricing tolerance for software sub-licensing falls within the services range, eliminating the adjustment and requiring TDS-credit verificatio...
Customs Broker due diligence requires prescribed KYC, not detecting misdeclarations discoverable only through physical examination, defeating licence ...
E-filing system failure permits exclusion of affected time in insolvency appeals, preventing tribunal technology defects from defeating timely filings...
Pre-existing disputes over outcome-based professional fees can bar Section 9 insolvency proceedings where contractual entitlement requires investigati...
Corresponding scheduled offences preserve money-laundering jurisdiction despite repeal of the central corruption provision where conduct remains cover...
Consideration received for assigning rights, claims and...
Capital character of assignment consideration prevents taxation as residuary income, while unsupported interest-related expenditure remains non-deductible.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Consideration received for assigning rights, claims and entitlements connected with disputed partnership property and litigation is capital in character where it represents either an enforceable beneficial or proprietary interest or merely a litigative right or right to sue. Complete divestment of the underlying source does not become revenue income merely because capital gains tax may not apply; the residuary income head applies only to receipts that are first income. The addition as income from other sources was therefore deleted. Expenditure claimed against interest income remains deductible only when proved to have been incurred wholly and exclusively to earn that income. As no direct and proximate nexus was established, the disallowance was sustained.
Consideration received for assigning rights, claims and entitlements connected with disputed partnership property and litigation is capital in character where it represents either an enforceable beneficial or proprietary interest or merely a litigative right or right to sue. Complete divestment of the underlying source does not become revenue income merely because capital gains tax may not apply; the residuary income head applies only to receipts that are first income. The addition as income from other sources was therefore deleted. Expenditure claimed against interest income remains deductible only when proved to have been incurred wholly and exclusively to earn that income. As no direct and proximate nexus was established, the disallowance was sustained.
Note: It is a system-generated summary and is for quick reference only.