<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Principal recovery under finance lease treated as non-taxable capital return when surrendered depreciation accepted; tax addition reduction upheld</title>
    <link>https://www.taxtmi.com/highlights?id=93098</link>
    <description>ITAT held that where a finance lease is in substance a financing arrangement, surrendered depreciation on lease assets renders principal recovery a return of capital and not taxable income; taxing principal while disallowing depreciation would be legally incongruous. As the AO accepted surrender of depreciation, the corresponding exclusion of principal recovery follows as a necessary corollary and must be allowed. The Tribunal affirmed that appellate authorities have plenary jurisdiction to determine correct taxable income on the record. Credibility of the assessee&#039;s treatment was bolstered by consistent prior conduct. The CIT(A)&#039;s reduction of the addition to Rs. 8,45,72,646 is upheld and the Revenue&#039;s appeal is dismissed.</description>
    <language>en-us</language>
    <pubDate>Mon, 06 Oct 2025 09:10:50 +0530</pubDate>
    <lastBuildDate>Mon, 06 Oct 2025 09:10:51 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=856467" rel="self" type="application/rss+xml"/>
    <item>
      <title>Principal recovery under finance lease treated as non-taxable capital return when surrendered depreciation accepted; tax addition reduction upheld</title>
      <link>https://www.taxtmi.com/highlights?id=93098</link>
      <description>ITAT held that where a finance lease is in substance a financing arrangement, surrendered depreciation on lease assets renders principal recovery a return of capital and not taxable income; taxing principal while disallowing depreciation would be legally incongruous. As the AO accepted surrender of depreciation, the corresponding exclusion of principal recovery follows as a necessary corollary and must be allowed. The Tribunal affirmed that appellate authorities have plenary jurisdiction to determine correct taxable income on the record. Credibility of the assessee&#039;s treatment was bolstered by consistent prior conduct. The CIT(A)&#039;s reduction of the addition to Rs. 8,45,72,646 is upheld and the Revenue&#039;s appeal is dismissed.</description>
      <category>Highlights</category>
      <law>Income Tax</law>
      <pubDate>Mon, 06 Oct 2025 09:10:50 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=93098</guid>
    </item>
  </channel>
</rss>