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Section 80HHC – Leasing rights can be considered as goods -SC
Case Law Details
- Case Name
- Commissioner of Income-tax, Mumbai Vs Romesh Sharma (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
SUPREME COURT OF INDIA
Commissioner of Income-tax, Mumbai
v.
Romesh Sharma
CIVIL APPEAL NOS. 6093 & 6094 OF 2008
Date of Pronouncement – SEPTEMBER 4, 2012
ORDER
These civil appeals filed by the Department concern Assessment Year 1994-1995.
The issue involved in these appeals is, whether leasing rights can be considered to be ‘goods’ and whether transfer of such rights would constitute ‘sale’?”
This issue is answered in favour of the assessee in the case of CIT v. B. Suresh [2009] 313 ITR 149. Following the said decision, these civil appeals filed by the ...
