2023-TIOL-146-SC-IT

CIT Vs Bharti Hexacom Ltd

Whether the annual variable licence fee paid to the Government on revenue sharing basis under Telecom Policy of 1999 is capital in nature - YES: SC

Whether payment of entry fee as well as the variable annual licence fee paid by the respondents-assessees to the DoT under the Policy of 1999 are capital in nature and may be amortised in accordance with Section 35ABB - YES: SC

Whether mere payment of an amount in instalments does not convert or change a capital payment into a revenue payment, and similarly, lumpsum payment can represent revenue expenditure if it is incurred for acquiring circulating capital though payment is made once and for all - YES: SC

Whether what is relevant is the nature of the original obligation and whether the subsequent payment made in instalments relates to or has a nexus with such original obligation or not - YES: SC

- Revenue's appeal allowed: SUPREME COURT OF INDIA

2023-TIOL-1349-ITAT-DEL

Raj Kumar Karanwal Vs Pr.CIT

Whether revision order passed by PCIT is unsustainable when PCIT failed to point out what enquiries or verification should have been made but had not been made by the AO- YES: ITAT

- Assessee's appeal alllowed: DELHI ITAT

2023-TIOL-1348-ITAT-DEL

ACIT Vs Shiva Mint Industries

Whether manufacturing expenses claimed by the assessee have to be allowed when once the purchases are held to be genuine - YES: ITAT

- Revenue's appeal dismissed: DELHI ITAT

2023-TIOL-1347-ITAT-DEL

Anjali Bhadoo Vs ITO

Whether the agreement for sale can be construed as agreement of construction when assessee fulfils the conditions laid down under section 54(1)- YES

- Assessee's appeal allowed: DELHI ITAT

2023-TIOL-1346-ITAT-MAD

S Tulasidoss Nedunselian Vs ACIT

Whether AO erred in making an addition towards cash deposits u/s 69A of the Act when assessee has filed necessary evidences to prove nature and source for cash deposits to bank account - YES: ITAT

- Assessee's appeal allowed: CHENNAI ITAT

2023-TIOL-1345-ITAT-AHM

Gujarat Council Of Science City Vs DCIT

Whether assessee advancing general public utility can engage itself in any trade, commerce or business, or provide service in relation thereto for any consideration - NO: ITAT

- Assessee's appeal allowed: AHMEDABAD ITAT