Madras HC upholds ITAT
order for AY 1998-99, holds that while computing 'eligible profit' for allowing
deduction u/s 80HHD(1) (available to companies running hotels) loss from
ineligible units/hotels cannot be deducted; Rejects Revenue’s stand that the
expressions ‘business profits’ and ‘total receipts’ used in Sec. 80HHD(3) [prescribing
formula for computing ‘eligible profits’], should take into account the
gains/losses of ineligible entities as well; Noting that Sec. 80HHD is a
‘beneficial provision’, HC opines that “full benefit of the provision
should be extended to an eligible assessee without there being an attempt to
whittle down the same.”; HC rules that “sub-section (3) has to be read
along with sub-section (1) by statutory prescription and in such an event, all
parameters of the formula should relate solely to the receipts/profits/income
of the eligible unit alone and none other.”; Cites Karnataka HC ruling in
ITC Hotels Ltd., holds that the deduction should be granted qua eligible
unit/units only, clarifies that Revenue cannot draw support from Sec. 80HHC
provisions and the two provisions (i.e Sections 80HHC and 80HHD) are not
analogous:HC
Subscribe to:
Post Comments (Atom)
India-Mauritius DTAA Protocol Notified: Key Tax Implications
The Government of India has notified the amendment to the Protocol of the India-Mauritius Double Tax Avoidance Agreement (DTAA) on 13 Oct...
-
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...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
In a recent informal guidance letter, SEBI clarified whether a cousin of a Promoter Group member qualifies as a person ‘related to promote...
-
Key features of File Validation Utility (FVU) version 3.3 FVU 3.3 will be applicable for quarterly TDS/ TCS statements pertaining to...
-
Facts The applicant („A‟) is a closely held Public Limited company incorporated in India in the year 1953. A‟s shareholder included A (...
-
CIT vs. The Instalment Supply Ltd (Delhi High Court) The assessee bought 1614 items of computer systems for Rs.40 lacs from HCL Hewlett ...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
Until now, 'Samaritans' is not how the Independent Directors are purported by Clause 49 in the Listing agreement. An Independ...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
1. Concept of “limited liability partnership” LLP is an alternative corporate business form that gives the benefits of limited liability ...
No comments:
Post a Comment