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Amount eligible for tax holiday is specific to each undertaking of the Taxpayer: Chennai Special Bench

Income Tax : whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non- eligible Undertaking), are requir...

March 7, 2010 1080 Views 0 comment Print

Chennai Special bench ruling on computation mechanism of tax holiday benefits

Income Tax : The issue before the SB was that, while computing the amounts eligible for tax holiday under the Indian Tax Law (ITL), whether the...

February 10, 2010 670 Views 0 comment Print

Duplication of computer software or processing of recordable media on blank CD amounts to ‘manufacture’

Income Tax : Supreme Court (SC) [2010-TIOL-04- SC-IT] in the case of Oracle Software India Ltd. (Taxpayer) on the issue of whether the process ...

January 18, 2010 1090 Views 1 comment Print

Duty Drawback & sale of DEPB license not eligible for tax holiday – SC

Income Tax : This article summarizes a recent ruling of the Supreme Court (SC) [2009-TIOL­100-SC-IT] in the case M/s Liberty India (Taxpayer)...

December 31, 2009 7669 Views 0 comment Print

Larger Bench rules tax holiday not available to a contractor/executor under the Income Tax Act

Income Tax : Taxpayers in the infrastructure sector are often engaged in the execution of construction activities, which form a minor portion o...

December 31, 2009 733 Views 0 comment Print


Latest News


IOC demands two year extension of tax holidays for its refineries

Income Tax : State-owned Indian Oil Corp (IOC) has sought a two-year extension of tax breaks available for refineries so that its delayed Rs 29...

December 8, 2011 706 Views 0 comment Print

Fm rejected tax holiday proposal for natural gas and coal bed methane (CBM)

Income Tax : The finance ministry has rejected the petroleum ministry’s demand for giving a seven-year income tax holiday to those who win se...

May 7, 2010 444 Views 0 comment Print

Government rejected demand of tax holiday for power sector and port trusts

Income Tax : The government today rejected the demands for tax exemption on setting up power plants, state maritime boards and port trusts, say...

April 24, 2010 312 Views 0 comment Print

Commerce minister recommended extension of special industrial package to the Himachal Pradesh up to 2013

Income Tax : Himachal Pradesh chief minister Prem Kumar Dhumal on Monday said commerce and industry minister Anand Sharma has recommended exten...

January 5, 2010 684 Views 0 comment Print

MAT will be eased for infrastructure companies in new DTC

Income Tax : The government is likely to ease the incidence of minimum alternate tax, or MAT, on infrastructure companies. The department of re...

December 15, 2009 621 Views 0 comment Print


Latest Judiciary


Section 80IB: Tax Holiday cannot be granted on Bogus transactions

Income Tax : ITAT states that, it has to be pointed out that any tax holiday can be granted to a person who declares a truthful return. It cann...

June 14, 2020 987 Views 0 comment Print

Deduction U/s. 10A available on conversion of existing Domestic Tariff Area unit into Software Technology Park unit

Income Tax : The Karnataka High Court, in its recent ruling, in the case of CIT v. Expert Outsource Pvt. Ltd. held that deduction under section...

May 16, 2011 2574 Views 0 comment Print

An undertaking can continue to enjoy tax holiday even if the ownership changes

Income Tax : Where an undertaking existed in the same place, form and substance and did carry on the same business before and after the change ...

September 27, 2010 705 Views 0 comment Print

ITAT rules on taxpayer’s option to choose initial year for claiming tax holiday for telecommunication services

Income Tax : The option of choosing the initial year for claiming tax holiday under the Section for a consecutive period of 10 out of 15 years ...

August 16, 2010 612 Views 0 comment Print

Initial assessment year for computation of profits eligible for tax holiday is the year in which taxpayer exercises the option to claim deduction

Income Tax : Under the Indian Tax Laws (ITL), a taxpayer carrying on the business of generation of electricity, which qualifies for income-link...

May 25, 2010 1343 Views 0 comment Print


Latest Posts in tax holiday

Section 80IB: Tax Holiday cannot be granted on Bogus transactions

June 14, 2020 987 Views 0 comment Print

ITAT states that, it has to be pointed out that any tax holiday can be granted to a person who declares a truthful return. It cannot and should not be granted to the person who claims that he purchased medical equipments in the guise of treating poor persons and it is subsequently found that the entire transaction is bogus.

IOC demands two year extension of tax holidays for its refineries

December 8, 2011 706 Views 0 comment Print

State-owned Indian Oil Corp (IOC) has sought a two-year extension of tax breaks available for refineries so that its delayed Rs 29,777 crore Paradip refinery can avail of the benefit. Exemption or holiday, under section 80IB(9) of Income Tax Act, from payment of income tax on revenues earned from refining of crude oil is available to units that are commissioned by March 2012.

Deduction U/s. 10A available on conversion of existing Domestic Tariff Area unit into Software Technology Park unit

May 16, 2011 2574 Views 0 comment Print

The Karnataka High Court, in its recent ruling, in the case of CIT v. Expert Outsource Pvt. Ltd. held that deduction under section 10A of the Income-tax Act, 1961 is available to the assessee on conversion of existing Domestic Tariff Area (DTA) unit into a Software Technology Park (STP) unit.

An undertaking can continue to enjoy tax holiday even if the ownership changes

September 27, 2010 705 Views 0 comment Print

Where an undertaking existed in the same place, form and substance and did carry on the same business before and after the change in legal character of the form of organization, the taxpayer is eligible for deduction.

ITAT rules on taxpayer’s option to choose initial year for claiming tax holiday for telecommunication services

August 16, 2010 612 Views 0 comment Print

The option of choosing the initial year for claiming tax holiday under the Section for a consecutive period of 10 out of 15 years (20 years in some cases) from the commencement of operations of an eligible undertaking, is intended to provide meaningful benefit to such taxpayers, since these business are capital-intensive and typically have long gestation period during which they incur losses and are not in a position to avail the profit-linked tax holiday benefit.

Initial assessment year for computation of profits eligible for tax holiday is the year in which taxpayer exercises the option to claim deduction

May 25, 2010 1343 Views 0 comment Print

Under the Indian Tax Laws (ITL), a taxpayer carrying on the business of generation of electricity, which qualifies for income-linked deduction (eligible business), can opt to claim such deduction for a period of 10 assessment years (AYs) out of 15 years, beginning from the year in which the taxpayer commences generation of power.

Fm rejected tax holiday proposal for natural gas and coal bed methane (CBM)

May 7, 2010 444 Views 0 comment Print

The finance ministry has rejected the petroleum ministry’s demand for giving a seven-year income tax holiday to those who win sedimentary blocks for natural gas and coal bed methane (CBM) exploration in the next round of auctions later this year.

Government rejected demand of tax holiday for power sector and port trusts

April 24, 2010 312 Views 0 comment Print

The government today rejected the demands for tax exemption on setting up power plants, state maritime boards and port trusts, saying it was inconsistent in a moderate tax regime.

Amount eligible for tax holiday is specific to each undertaking of the Taxpayer: Chennai Special Bench

March 7, 2010 1080 Views 0 comment Print

whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non- eligible Undertaking), are required to be set off against the profits of another undertaking of the Taxpayer which is eligible for tax holiday (Eligible Undertaking). The SB held that the amount eligible for tax holiday was specific to each undertaking of the Taxpayer

Chennai Special bench ruling on computation mechanism of tax holiday benefits

February 10, 2010 670 Views 0 comment Print

The issue before the SB was that, while computing the amounts eligible for tax holiday under the Indian Tax Law (ITL), whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non-eligible Undertaking), are required to be set off against the profits of another undertaking of the Taxpayer which is eligible for tax holiday (Eligible Undertaking)

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