Income Tax Judgements


Sec 195 Issue

  CA Anand Sarda    29 December 2009 at 20:33

Assessee is liable for TDS qua payment made for purchase of software from non-residents.

Posted in Income Tax |   2480 Views



Depreciation allowable even if asset not used at all for entire year

Posted in Income Tax |   3422 Views



Business expenditure/loss : Assessee federal society of primary milk societies : Milk rate difference determined in March and paid in subsequent year : Is allowable business expenditure/loss.

Posted in Income Tax |   2119 Views


CIT v. Ashish Rajpal

  CA.Tarun Maheshwari    29 September 2009 at 11:54

Revision : S. 263 of Income-tax Act, 1961 : A.Y. 2002-03 : Notice u/s.263 referring to four issues and final order passed referred to nine issues : Order of revision bad in law.

Posted in Income Tax |   1859 Views



Recently, the Bombay High Court in the case of various stock broking houses1 held that the depreciation cannot be granted on Bombay Stock Exchange Membership Card (BSE card) acquired on or after 1 April 1998 either by nomination or directly through

Posted in Income Tax |   2548 Views


Derivative Transaction

  Jinesh Bhagdev    14 September 2009 at 13:27

Derivatives transactions having underlying asset as shares are covered under section 43(5) prior to the amendment (effective from AY 2006-07) exempting derivatives from the definition of ‘speculative transaction’

Posted in Income Tax |   3419 Views



All F & O transactions before 2006 to be held as speculative

Posted in Income Tax |   1629 Views


Set off of losses under STCG

  Aditya Maheshwari    14 September 2009 at 13:27

Set - off of short-term capital loss which has been subject to STT against short-term capital gains arising on off-market transactions including buy back / open offer, etc., which are not subject to STT

Posted in Income Tax |   3566 Views



If it is held that the transaction in derivatives does not fall in section 43(5), it will make clause (d) and Explanation thereto below section 43(5) introduced by Finance Act, 2005 to be redundant.

Posted in Income Tax |   2662 Views



Stock Exchange card is NOT an intangible asset eligible for depreciation

Posted in Income Tax |   1304 Views




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