Daily Archives: March 14, 2017

waiver of loan cannot be taxed as “ book profit .”

By | March 14, 2017

Capital surplus on account of waiver of loan: The Mumbai Bench of the Income-tax Appellate Tribunal held that a capital surplus in respect of the waiver of loan amount cannot be regarded as amount available for distribution through the profit and loss account. A mere disclosure of an extraordinary item in the profit and loss account does… Read More »

Payments for global telecommunication facility not “ fees for technical services ”

By | March 14, 2017

Payments for global telecommunication facility not “fees for technical services” The Supreme Court of India held that payments received by a Danish shipping company for its global telecommunication system (payments from Indian agents) were reimbursements in nature. Because no profit element was embedded in these payments and also because the foreign company had not provided any technical… Read More »

Illegal business Loss is allowed as Business expenses

By | March 14, 2017

HIGH COURT OF GUJARAT Rama Natha Gadhavi v. Income-tax Officer K.S. JHAVERI AND K.J. THAKER, JJ. TAX APPEAL NO. 505 OF 2009 DECEMBER  4, 2014 R.K. Patel, Adv. for the Appellant. Pranav G. Desai, Adv. for the Respondent. JUDGMENT K.S. Jhaveri, J. – This is an appeal by the appellant-assessee, seeking to challenge the order… Read More »