Allahabad HC: Employees of Constituent Institutions are not Entitled to Central University Benefits  ||  Calcutta High Court: Juvenile Accused Eligible to Apply for Anticipatory Bail under Section 438 CrPC  ||  J&K & L HC: Departmental Proceedings Not Halted by Pending Criminal Case Without Showing Prejudice  ||  Cal HC: CESTAT Appeals Abate After Resolution Plan Success; CENVAT Reversal Requires No Pre-Deposit  ||  Bom HC: SEBI Settlement Doesn’t Protect Accused from Criminal Liability in Serious Economic Offences  ||  SC Directs States to Notify Eco-Sensitive Zones Around Tiger Reserves and Regulate Tiger Safaris  ||  SC: Its 2024 Order Letting Union Review Benami Act Cases Based on 'Ganpati Dealcom' was Incorrect  ||  SC: Rejection of Income Tax Settlement Application Doesn’t Bar Assessee from Contesting Assessment  ||  SC Informed Accessibility Facilities for Visually Impaired Candidates in AIBE and CLAT Expected Soon  ||  Supreme Court: Pendency of Writ Proceedings Does Not Bar Availing Alternative Statutory Remedies    

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 2025 - All Rights Reserved