https://www.taxtmi.com/caselaws?id=783740 Transfer of passive infrastructure assets under an HC-approved demerger without consideration was held to be a "gift" protected by s.47(iii), not a "transfer" under s.2(47); Revenue's challenge to depreciation disallowance failed and its ground was dismissed. Network site rental disallowance under s.40A(2)(b) was remanded for de novo examination of cost/benefit and comparability; issue restored to AO. Disallowance under s.14A/Rule 8D was deleted as no exempt income arose; corresponding MAT adjustment under s.115JB was directed to be recomputed without importing Rule 8D. Roaming charge disallowance under s.40(a)(i)/(ia) for alleged TDS default was deleted; trade discount to prepaid distributors was held outside s.194H and disallowance deleted. Multiple s.80IA claims (including SFIS, forex gain, sharing/IRU revenue, bad-debts writeback, other income; initial year and amended rate) were allowed; variable DoT license fee disallowance was directed to be recomputed on amortisation; WPC payment treated under HC precedent; interest under s.36(1)(iii) and TP brand royalty adjustment were deleted; prepaid revenue recognition was accepted subject to limited AO verification. en-us Thu, 11 Dec 2025 00:00:00 +0530 Tue, 16 Dec 2025 12:48:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783740 Transfer of passive infrastructure assets under an HC-approved demerger without consideration was held to be a "gift" protected by s.47(iii), not a "transfer" under s.2(47); Revenue's challenge to depreciation disallowance failed and its ground was dismissed. Network site rental disallowance under s.40A(2)(b) was remanded for de novo examination of cost/benefit and comparability; issue restored to AO. Disallowance under s.14A/Rule 8D was deleted as no exempt income arose; corresponding MAT adjustment under s.115JB was directed to be recomputed without importing Rule 8D. Roaming charge disallowance under s.40(a)(i)/(ia) for alleged TDS default was deleted; trade discount to prepaid distributors was held outside s.194H and disallowance deleted. Multiple s.80IA claims (including SFIS, forex gain, sharing/IRU revenue, bad-debts writeback, other income; initial year and amended rate) were allowed; variable DoT license fee disallowance was directed to be recomputed on amortisation; WPC payment treated under HC precedent; interest under s.36(1)(iii) and TP brand royalty adjustment were deleted; prepaid revenue recognition was accepted subject to limited AO verification. Case-Laws Income Tax Thu, 11 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783740