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“tax benefit”

Chapter X-A - GAARSection 102(10)Section 102(10)634 judgments

The decision most relied on for tax benefit is CIT v. Vegetable Products Ltd. (88 ITR 192), cited in 2,664 judgments on BharatTax.

Leading authorities on tax benefit

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Excel Industries Ltd.
358 ITR 295 · 2013 · Supreme Court
935
citing judgments

When an income or expenditure is revenue neutral across different assessment years, where any benefit derived is offset by a corresponding liability or reversal, no additional tax liability arises, particularly concerning income recognition under the mercantile system of accounting.

Union of India v. Azadi Bachao Andolan
263 ITR 706 · 2003 · Supreme Court
691
citing judgments

A citizen is free to carry on business within the law, and mere tax planning without a motive to evade taxes through colorable devices is not frowned upon. The liability to taxation, for the purpose of tax treaty application, is a legal situation, not the fiscal fact of actual payment.

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

CIT v. De Beers India Minerals (P.) Ltd.
346 ITR 467 · 2012 · High Court
371
citing judgments

For fees for technical or consultancy services to 'make available' technical knowledge or know-how under a DTAA, the service must transmit such knowledge, allowing the recipient to derive an enduring benefit and utilize it independently in the future.

India Vs. Azadi Bachao Andolan 263 ITR 706 (SC); and Vodafone International Holdings B.V v. Union of India
341 ITR 1 · 2012 · Supreme Court
295
citing judgments

Legitimate tax planning is permissible, allowing taxpayers to arrange their affairs to minimize tax liabilities while respecting the "look at test" for transaction genuineness and the separate entity principle in corporate taxation. The source of funds for treaty-beneficial structures does not automatically invalidate the transaction.

CIT v. Madras Auto Service (P) Ltd.
233 ITR 468 · 1998 · Supreme Court
246
citing judgments

Expenditure providing an enduring advantage, such as upfront lease rent for land, is revenue expenditure if no capital asset is acquired or generated, allowing for deduction under Section 37, even when capitalized in the books of account.

Brooke Bond India Ltd. v. CIT
225 ITR 798 · 1997 · Supreme Court
228
citing judgments

Expenditure incurred for increasing a company's share capital or expanding its capital base, such as expenses related to the issue of shares, constitutes capital expenditure. Such expenses are not deductible as revenue expenditure under Section 37(1) of the Income-tax Act, 1961, even if they incidentally benefit the business.

Judgments citing tax benefit

Astt. Commisioner of Income Tax, Lucknow vs. M/S Apco Infratech Pvt. Ltd., Lucknow

In the result, appeal of the Revenue and Cross Objection of the assessee are dismissed, as indicated above

ITA 66/LKW/2017[2014-15]Status: DisposedITAT Lucknow05 Sept 2024AY 2014-15

Bench: Shri G. D. Padamahshali & Shri Subhash Malguriaassessment Year: 2014-15 The Asstt. Commissioner V. M/S Apco Infratech Pvt. Ltd Of Income Tax B-9, Vibhuti Khand Central Circle Ii Gomti Nagar Lucnow Lucknow Pan:Aadca5639H (Appellant) (Respondent) C.O. No.19/Lkw/2017 [In Ita No.66/Lkw/2017] Assessment Year: 2014-15 M/S Apco Infratech Pvt. Ltd V. The Asstt. Commissioner Of B-9, Vibhuti Khand Income Tax Gomti Nagar Central Circle Ii Lucknow Lucnow Pan:Aadca5639H (Cross Objector) (Respondent)

For Appellant: Shri Jitendra Kumar Yadav, AdvocateFor Respondent: Shri Neil Jain, CIT (DR)
Section 143(3)Section 194Section 80Section 80I

from the express intension of the parliament while introducing the Explanation. The explanatory memorandum to Finance Act 2007 states that the purpose of the tax benefit has all along been to encourage investment in development of infrastructure sector and not for the persons who merely execute the civil construction work ... Tribunal has taken the same view by inter-alia holding as follows: Moreover, the reasons for introducing the Explanation were clarified as providing a tax benefit because modernization requires a massive expansion and qualitative improvement in infrastructures like expressways, highways, airports, ports and rapid urban ITA No.66/LKW/2017 & C.O. No.19/lkw/2017 Page

Makevale Acrylics Private Limited, Vadodara vs. The ADIT, CPC Bengaluru Present Juridiction the DCIT, Circle-2(1)(1), Vadodara

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 566/AHD/2023[2021-22]Status: DisposedITAT Ahmedabad12 Aug 2024AY 2021-22

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.566/Ahd/2023 "नधा"रण वष" /Assessment Year : 2021-22 Makevale Acrylics Pvt.Ltd. The Adit, Cpc Bengaluru बनाम/ 372, 373, 374, 1,2 Sankarda Present Jurisdiction - Bhadarwa Road The Dcit, Circle-2(1)(1), V/S. At Moxi, Tal.Savli, Vadodara – 390 007 Vadodara- 391 780 (Gujarat) "थायी लेखा सं./Pan: Aafcm 2737 E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Amrin Pathan, Ar Revenue By : Shri Ashok Natha Bhalekar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 08/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 12/08/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 27/05/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)” In Short] Arising Out Of The Assessment Order Dated 13/11/2022 Passed By The Assessing Officer (Ao) Under Section 143(1) Of The Income Tax Act, 1961 Makevale Acrylics Pvt.Ltd. Vs. The Adit, Cpc Bengaluru Present Jurisdiction The Dcit, Circle-2(1)1A) Asst. Year : 2021-22

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Ashok Natha Bhalekar, Sr.DR
Section 115BSection 115JSection 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)

forms with ITR, are directory, not mandatory and the substantive compliance with the conditions of Section 115BAA of the Act should suffice for the tax benefits. However, the Ld.CIT(A) dismissed the appeal relying on some judicial precedents and concluding that the assessee had not exercised any such option