Mumbai ITAT allows
deduction u/s. 37 to Zee Entertainment (‘assessee’) with respect
to write off of advance given to BCCI, rejects Revenue's stand that it
represents a capital loss as it is in relation to acquisition of media
rights (which is a capital asset); Assessee acquired media rights from
BCCI on payment of US $ 17.5 million, out of which US$ 10 million was adjusted
against two matches played and the balance was kept as deposit (to be adjusted
against last series), however, owing to dispute, the contract was terminated
and the deposit was forfeited by BCCI during relevant AY 2008-09; ITAT holds
that the agreement with BCCI for acquiring the media rights was pursuant to
assessee’s normal business activity (of broadcasting and distribution of
TV programmes) and US$ 10 million which was adjusted in earlier year was
offered to tax by assessee; Further rejects Revenue’s stand that since the
assessee filed a legal case for recovery and also initiated arbitration
proceedings, it could not be said that the loss had actually crystallized
during relevant AY, similarly, rejects Revenue’s submission that write-off was
premature as assessee did not fully explore the possibility of its recovery;
ITAT remarks that “it is the judgement of the assessee as a businessman.”,
notes that despite arbitration proceedings, as assessee did not visualize any
sign of recovery, it wrote-off the forfeited amount and claimed deduction:ITAT
Subscribe to:
Post Comments (Atom)
GST Not Leviable on Transfer of Leasehold Rights of MIDC Plots: SC Dismisses Revenue’s SLP
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
· Legal Framework: Section 171 of the Income Tax Act, 1961 provides the legal framework for the partition of a Hindu Undivided...
-
New utility for generation of Form 16A in pdf format provided by https://www.tdscpc.gov.in is very light and is sized only 8.43 MB while ...
-
1. Introduction Cross-border investment structures often employ intermediate holding companies in jurisdictions like the Cayman Islands. A c...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Facts Saptarshi Ghosh (the tax payer) was a salaried employee of TCS Limited (employer), an Indian company. He was on deputation to the U...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
No comments:
Post a Comment