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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

Johnson Mattey India P.Ltd, New Delhi vs. Addl. CIT, Range-5, New Delhi

In the result, the appeal of the assessee is allowed and that of Revenue is dismissed

ITA 1247/DEL/2023[2010-11]Status: DisposedITAT Delhi23 Jul 2024AY 2010-11

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2010-11 Johnson Mattey India P. Ltd., Vs Addl.Cit, C/O Luthra & Luthra, Range-5, Law Offices India, New Delhi. 103, Ashoka Estate, Barakhamba Road, Delhi – 110 001. Pan: Aaacj2919A Assessment Year: 2010-11 Acit, Vs. Johnson Mattey India P. Ltd., Circle-13(1), C/O Luthra & Luthra, New Delhi. Law Offices India, 103, Ashoka Estate, Barakhamba Road, Delhi – 110 001. Pan: Aaacj2919A (Appellant) (Respondent) Assessee By : Ms Radhika Sharma, Advocate & Shri Sumit Mangal, Advocate Revenue By : Ms Parul Singh, Sr. Dr Date Of Hearing : 24.06.2024 Date Of Pronouncement : 23.07.2024 Order Per Anubhav Sharma, Jm: The Appeal Preferred By The Assessee Is Against The Order Dated 03.03.2023 Of The Commissioner Of Income Tax (Appeals), Delhi-44

For Appellant: Ms Radhika Sharma, Advocate &For Respondent: Ms Parul Singh, Sr. DR
Section 143(3)Section 271(1)(c)

received a notice from the Director of Industries and Commerce stating that the Company had not satisfied certain specified conditions for availing the sales tax benefit and stated that the said concession is to be withdrawn. The Company filed an appeal against the order of the Director of Industries ... caution, the company created a total provision of Rs.75,573 thousand represents provision created during F Y 2008- 09 in respect of the sales tax benefit availed (and the same was duly disallowed while preparing the income tax return of A Y 2009-10) and balance

Acrete Pharmaceuticals P Ltd, Hyderabad vs. Income Tax Officer, Ward-1(1), Hyderabad

In the result, the appeal filed by the assessee is allowed for statistical

ITA 607/HYD/2023[2020-21]Status: DisposedITAT Hyderabad10 Jun 2024AY 2020-21

Bench: Shri Laliet Kumar & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.607/Hyd/2023 (निर्धारण वर्ा/Assessment Year:2020-21) M/S. Acrete Pharmaceuticals P. Income Tax Officer, Vs. Ward-1(1), Hyderabad. Ltd., Hyderabad. Pan Aafca2804G (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Ravindra Chenji, Advocate रधजस् व द्वधरध/Revenue By:: Smt. Sheetal Sarin, Dr सुिवधई की तधरीख/Date Of Hearing: 04/06/2024 घोर्णध की तधरीख/Pronouncement: 10/06/2024 आदेश/Order Per Laliet Kumar, J.M: This Appeal Is Filed By M/S. Acrete Pharmaceuticals Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Addl/Jcit (A)-2 Mumbai (“Ld. Cit(A)”), Dated 10.10.2023 For The Ay 2020-21. 2. The Assessee Has Raised The Following Grounds : 1. The Addl. Commissioner Of Income Tax (Appeals) (Herein After Addl. Cit) Erred In Dismissing The Appeal On Wrong Conception That The Provisions Of Section 115Ba Of The I T Act Are Applicable, Despite The Appellant’S Contention That The Said Provisions Does Not Apply. 2. The Appellant Contends That Addl. Cit Misdirected / Misconceived ;Himself On The Applicability Of Section 115Ba, When It Is Not The Point Of Issue Before Him At All. 3. The Appellant Contended That The Tax Ought To Have Been Charged At The Rate Specified In Paragraph E To Part 1 Of The First Schedule To Finance Act, 2020. 4. The Appellant Craves Leave To Add, Amend Or Alter Any Of The Aforesaid Grounds A The Occasion May Require.

For Appellant: Shri Ravindra Chenji, AdvocateFor Respondent: : Smt. Sheetal Sarin, DR
Section 115BSection 139Section 139(1)Section 143(1)

assessee had filed the return u/s. 115BA, without filing the requisite Form 10-IB, the CPC had denied the tax benefit. In our view, the action on the part of CPC and CIT(A) are in conformity with the law as held by the Hon’ble Supreme Court