company and adds to the capital cost of the company. Any alteration in or addition to the capital structure of the company essentially involved capital ... distinction between the loan capital and share capital was not clear. Both the capital, according to the assessee, were available for the working funds
capital asset of the mills. He contends that though the capital receipt by the seller for sale of a capital asset may not invariably lead ... part of his circulating capital, the receipt is capital and not income which is taxable.
Distinction between revenue and capital in the law of income
expenditure would be on the capital side. It was true that the alteration in the capital structure by raising the share capital would make more ... company and adds to the capital cost of the company. Any alteration in or addition to the capital structure of the company essentially involved capital
wrong done which does not affect any capital asset or the capital structure of the assessee's business but injures the assessee ... assessee of Joseph Tetley & Co. Ltd. affects any capital asset or the capital structure of the assessee.
21. In the case of Gillanders Arbuthnot
that the scheme involved a reduction of share capital, inasmuch as the capital structure of the company would be the investment to be made ... carry on business with this share capital, but at the same time declared that the capital structure would be Rs. 9,00,000 only
floating capital used in the company which formerly consisted of subscribed capital and the reserves now becomes the subscribed capital".
11. On the issue ... transferred and shown as subscribed capital. This has nothing to do with the capital structure of the company. The profit-making apparatus remains the same
capital reserve to this extent has been credited in the balance-sheet."
4. But the AAC opined that these affected the capital structure ... improving of a fixed capital asset it was attributable to capital. But if no alteration is made in the fixed capital asset by the payment
undertaking of even date and / or changing the capital
structure of the BRC and other reliefs which are sought in the plaint ... issuing any further shares in BRC and / or from
changing the capital structure thereof in any manner whatsoever.
However, the Court found that the differences
land together with plantation thereon, Rs. 50,000 for building and structure and Rs. 12,00,000 for plant, machinery and other movable properties ... held that the sale of the trees affected the capital structure, because by removing the roots the source from which fresh growth of trees could
property of the business, capital expenses, for they are all defending and protecting the property and the capital of the business. Curiously enough, none ... adding to the profit-yielding subject which constituted the capital structure of the business and also on the basis that the company by making
