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1 - 10 of 14 (0.68 seconds)Section 2 in Employees Provident Funds Miscellaneous Provisions Act, 1952 [Entire Act]
The Income Tax Act, 1961
Southern Switch Gear Ltd. vs Commissioner Of Income Tax on 11 December, 1997
In the case of Southern Switch Gear Ltd. (Supra), the Hon'ble
8
ITA NO.164/Del./2008
(A.Y. : 2001-02)
Court found that the assessee derived benefit of enduring nature because it was
left with the technical information.
Commissioner Of Income Tax vs I. A. E. C. (Pumps) Ltd. on 3 April, 1997
However, in the case of IAEC Pumps Ltd.
(Supra), it was pointed out that general tests applicable in this matter have to be
applied, namely, whether - (i) there was any acquisition of any capital assets, (ii)
whether any benefit of enduring nature ennured to the assessee, or (iii) the
expenditure was in capital field. Looking to the terms of agreement, we do not
find that any of these tests was satisfied in the instant case. Therefore, we are of
the view that the Ld. CIT(A) rightly held that the expenditure to be revenue in
nature. Thus, this ground is also dismissed."
Commissioner Of Income Tax vs Woodward Governor India Pvt. Ltd. ... on 30 April, 2007
"7. Ground No.6 is to the effect that Ld. CIT(A) erred in upholding the
decision of the Assessing Officer, in which an addition of Rs.14,55,769/- was
made in respect of fluctuation in rate of foreign exchange by holding that it was a
notional liability. It was the common ground of both the parties before us that this
issue stands covered in favour of the assessee by the decision of Hon'ble Delhi
High Court in the case of CIT v/s Woodward Governor India Pvt. Ltd (2007) 294
ITR 451, in a case where the assessee follows mercantile system of accounting. It
was held that the revenue liability arising on account of fluctuation in the rate of
foreign exchange, remaining payable on the last day of previous year, is not
notional or contingent liability. Respectfully following this decision, it is held
that the assessee is entitled to deduct this amount in computation of income.
Thus, this ground is allowed."