VidhiSangh

Supreme Court of India · 24/04/2018

COMMISSIONER OF INCOME TAX-VI versus VIRTUAL SOFT SYSTEMS LTD.

[2018] 5 S.C.R. 595 · 2018 INSC 399

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Summary

For assessment year 1999–2000, the Supreme Court upheld bifurcation of finance-lease rentals using the ICAI Guidance Note’s lease-equalisation method. Capital recovery was distinct from taxable finance income; treating the entire rental as income would include non-revenue receipts. The assessee was applying an accounting method to ascertain real income rather than creating a deduction solely through professional guidance. The Revenue’s appeal was dismissed and connected appeals disposed of accordingly.

Issues

  1. Whether finance-lease rentals could be bifurcated into capital recovery and finance income using the ICAI Guidance Note.
  2. Whether absence of an express lease-equalisation deduction prohibited that accounting treatment.

Provisions considered

Held

Result

Revenue’s appeal dismissed; connected appeals disposed of accordingly. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 5 S.C.R. 595.