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2018 (2) TMI 1463 - HC - Income TaxAddition 41(1) - remission of liability - sum towards waiver of sales tax - Held that:- The facts in this case are identical with that of the Sales Tax Deferral Scheme of the State of West Bengal in which the State had identically permitted the collection of sales tax but deferred the payment by 12 years. The assessee, like in the case of Sulzer India Limited (2014 (12) TMI 267 - BOMBAY HIGH COURT), approached for a pre-deposit, which was permitted. In the circumstances, it was held that Section 41(1) of the Act does not apply. Deduction u/s 10A - exclusion of telecommunication charges from export turnover - Held that:- Explanation 2(iv) to Section 10A of the Act is concerned, this issue is covered by the decision in the case of Commissioner of Income Tax vs. Genpact India, [2011 (11) TMI 119 - DELHI HIGH COURT). In that case, the Court turned down the submission of the Revenue that the telecommunication charges are to be excluded in the concept of export turnover. For the same reasons in this case too, the Court is of the opinion that the decision of the ITAT does not call for interference
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