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)
Interest on Foreign Currency Loan & Corresponding Forex Loss for Strategic Share Acquisition Held Deductible as Revenue Expenditure
The tax treatment of interest on funds borrowed to acquire shares hinges on a single, crucial distinction: the purpose behind the acqu...
-
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...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
There are certain changes in India's tax rules for TDS on payments made to non-residents. The Income Tax Act, 2025 ('ITA 2025'...
-
Recent judicial pronouncements across different forums have clarified several important aspects of Indian income tax law, particularly relat...
-
Ahmedabad Tribunal Special Bench has ruled that corpus distributed on dissolution of an offshore discretionary trust to resident Indian be...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
Did you come across many errors and mistakes while checking your CIBIL report status? Are you wondering how to clear yourself out of CIBIL ...
-
The Income Tax department has been modified the Form No. 15G & 15G as per amended notification No. 11/2013 [F.NO.142/31/2012-SO(TPL)]/...
No comments:
Post a Comment