Supreme Court of India

Commissioner of Income Tax-vi v. Virtual Soft Systems Ltd.

Neutral citation
Reported as [2018] 5 S.C.R. 595
Bench R. K. Agrawal and Abhay Manohar Sapre JJ.
Decided 24 April 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the Respondent is entitled for bifurcation of lease rental as per the accounting standards prescribed by the ICAI. Moreover, there is no express bar in the IT Act regarding the application of such accounting standards.

Judgment, page 12

From the headnote

Income Tax Act, 1961 – Deduction on account of lea se equalization charges from lease rental income – Entit lement for – Held: The bifurcation of the lease rental is, by no stretch of imagination, an artificial calculation and, therefo re, lease equalization is an essential step in the accounting process to ensure that real income from the transaction in the form of revenue rec eipts only is captured for the purposes of income tax – Moreover, there is no express bar in the IT Act which bars the bifurcation of th e lease rental – This bifurcation is analogous to the manne r in which a bank

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