Supreme Court: Courts Have Sometimes Failed Arbitration, With Interference Curing No Disease  ||  Supreme Court: Co-Heir Cannot Sell Other Heirs' Shares as Karta After Intestate Succession  ||  SC: Casual Labourers With Temporary Status are Eligible For Pension Even Without Regularisation  ||  Supreme Court: High Courts Must Record the Nature of Crime and Allegations While Quashing FIRs  ||  Delhi HC Rejected Pernod Ricard’s Plea Against Denial of Wholesale Liquor License over Excise Case  ||  Gujarat HC: Lalita Kumari Ruling Does Not Permit Deceased’s Kin to Invoke Art 226 For FIR Failure  ||  Ker HC: Denying Disability Pension to Army Personnel Based on Unreasoned Medical Opinion is Invalid  ||  Kerala HC Directs Family Courts to Follow Calcutta HC Custody Guidelines Till State Rules Framed  ||  Allahabad HC Allows LIC Employees to Be Engaged as Census Enumerators and Supervisors For Duties  ||  Supreme Court Unveiled Victim Protection Plan For Trafficking Survivors and Urged Legal Reforms    

The Commissioner of Income Tax v. HCL Infosystems Ltd - (High Court of Delhi) (21 Dec 2015)

Terminated venture between HP and HCL not chargeable to capital gains tax

Direct Taxation

The Delhi High Court ruled in favour of HCL Infosystems in a long running tax case arising from termination of a joint venture agreement between HCL and Hewlett Packard. Though it agreed with Department’s assessment that receipt of Rs 60.80 crores by HCL upon termination was a capital receipt, however it could not be charged to capital gains tax because there had existed no such provision at the time of transacting. Amendments to Section 55(2) of the Income Tax Act, 1961 regarding ‘right to manufacture’ were effected prospectively from 1998, whereas the joint venture between the companies was terminated in 1997.

Relevant : Section 55 Income Tax Act, 1961 Act

Tags : CAPITAL GAINS   JOINT VENTURE   RIGHT TO MANUFACTURE   SECTION 55  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved