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Case Law Details

Case Name : CIT Vs Saurashtra Cement Ltd. (Supreme Court of India)
Related Assessment Year :
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Where the damages paid to the assessee was directly and intimately linked with the procurement of a capital asset, compensation paid for the delay in procurement of capital asset amounted to sterilisation of the capital asset of the assessee as supplier had failed to supply the plant within time as stipulated in the agreement and the amount received by the assessee towards compensation for sterilisation of the profit earning source, was a capital receipt. ORDER D.K. JAIN, J.: 1. This appeal, by special leave, at the instance of the Revenue is directed against the judgement and order dated 27th...
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One Comment

  1. Akshay Sharma says:

    I have a doubt with regard to income tax given as below:-

    What would be the income tax treatment of liquidated damages pertaining to delayed supply machinery

    If we consider liquidated damages as capital receipts (CIT vs Saurashtra Cement) then do we need to reduce from actual cost of assets.

    I shall be greatful if you can provide any case law in this regard

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