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Income Tax - Highlights / Catch Notes

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In the High Court case, the issues addressed included the ...


Pre-paid sales tax = capital receipt, not taxable. Benefits from licenses = hypothetical income, not taxable until realized. Fire loss insurance claim not received = not taxable.

Case Laws     Income Tax

June 25, 2024

In the High Court case, the issues addressed included the taxability of pre-payment of sales tax liability, benefits from DEPB License/Focus Market Licenses, and loss of profit due to fire without insurance recovery. The court held that the pre-paid sales tax amount saved by the assessee was a capital receipt, not taxable as revenue. Benefits from licenses were deemed hypothetical income until actual realization, not taxable. Loss of profit due to fire without insurance recovery was not taxable as income until it was enforceable. The court referred to relevant legal precedents to support these decisions. The Revenue appeal was dismissed.

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