Supreme Court · 2018 INSC 399 · Decided 24 April 2018

Commissioner of Income Tax-Vi v. Virtual Soft Systems LTD.

Court
Supreme Court of India
Citation
2018 INSC 399 · [2018] 5 S.C.R. 595
Case number
CIVIL APPEAL No. 4358/2018
Decided
24 April 2018
Bench
R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act Section 211; Income Tax Act

Headnote

Income Tax Act, 1961 - Deduction on account of lease equalization charges from lease rental income - Entitlement for - Held: The bifurcation of the lease rental is, by no stretch of imagination, an artificial calculation and, therefore, lease equalization is an essential step in that real income from the transaction in the form of revenue receipts only is captured for the purposes of income tax - Moreover, there is no express bar in the IT Act which bars the bifurcation of the lease rental - This bifurcation is analogous to the manner in which a bank would

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