Bangalore ITAT allows
assessee’s (a Government undertaking) appeal for AY 2008-09, holds
that long term capital gains (‘LTCG’) arrived at by reducing indexed cost
of acquisition from asset’s sale proceeds to be considered for computing MAT
liability u/s 115JB; Observes that clause (ii) to Explanation to Sec.
115JB provides that amount of income u/s 10 [other than provisions of Sec.
10(38)/ 11/ 12], credited to P&L a/c shall be reduced from book profits for
MAT computation; Further observes that the term 'any income’ used in Sec.
10(38) refers to only the amount of LTCG as computed u/s 48 which provides for
computation of capital gains after the reduction of cost of acquisition; Thus
rules that the “benefit of indexation of cost of acquisition should be
given to the assessee while computing long term capital gain for the purpose of
section 115J8 of the Act”, relies on SC ruling in Ajantha Pharma and
coordinate bench ruling in M.S.R & Sons Investments Ltd.; Separately
on noting that the assessee was set-up for infrastructure development allows
contribution to Chief Minister's Relief Fund (towards development and
reconstruction of infrastructure facility in Karnataka) as business expenditure
u/s 37 , relies on SC ruling in Sri Venkata Satyanarayana Rice Mill
Contractors Co. in this regard:ITAT
Subscribe to:
Post Comments (Atom)
CBDT issues second round of frequently asked questions in relation to Direct Tax Vivad Se Vishwas Scheme, 2024
This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...
-
PCIT vs. The Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court) S. 50C Capital Gains: The valuation of the stamp autho...
-
This Tax Alert summarizes a recent ruling of the Supreme Court (SC) [1] on availability of CENVAT Credit on mobile towers and pre-fabrica...
-
IFRS and US GAAP - Similarities and Differences What is IFRS? And what is GAAP? The main difference between IFRS and US GAAP is that G...
-
Madras HC reverses ITAT's order, grants deduction u/s. 80P(2)(a)(i) to assessee (a society engaged in the business of banking and provi...
-
SC dismisses assessee-company’s SLP challenging Bombay HC order upholding re-assessment initiation (beyond 4 yrs period) based on a special...
-
SC dismisses Revenue’s SLP challenging Bombay HC order in case of assessee (belonging to Lodha group of companies engaged in real estate bu...
-
Claiming a foreign tax credit (FTC) in Australia allows companies to offset foreign taxes paid on income earned overseas against their Aust...
-
HC allows HDFC Bank’s writ petition, quashes AO’s order and subsequent reference to TPO alleging that certain related party transactions [p...
-
Delhi ITAT deletes Rs. 1558.57 cr. capital gains addition on Telenor India for AY 2014-15, holds that set off of non-refundable entry fee p...
-
This Tax Alert summarizes a recent ruling of the Bombay High Court (HC)1 on admissibility of input tax credit (ITC) w.r.t GST on advance p...
No comments:
Post a Comment