Income Tax Judgements




Depreciation — Higher depreciation could not be allowed on the motor trucks used in business of running them on hire, unless there is an evidence that the assessee was in the business of hiring out motor vehicles.

Posted in Income Tax |   4015 Views



Business Expenditure — S. 42(1) — Special provisions for prospecting for mineral oil — Production sharing contract accounts is an independent accounting regime — Foreign exchange losses on account of foreign currency transaction is allowable as a ded

Posted in Income Tax |   2463 Views



Appeal to the High Court — Finding of facts recorded by the Tribunal that machinery was not idle for the entire block period — hence it was not necessary to go into the connotation of the word ‘used’ appearing in S. 32 of the Act

Posted in Income Tax |   1549 Views


Business expenditure : Bonus

  CA.Tarun Maheshwari    26 May 2009 at 14:15

Business expenditure : Bonus : S. 36(1)(ii) of Income-tax Act, 1961 : A.Y. 1985-86 : Customary bonus over and above payable under the Bonus Act : Paid for last 10 years as a practice : Eligible for deduction u/s.36(1)(ii) second proviso.

Posted in Income Tax |   1403 Views



12 May 2009, 0715 hrs IST, ET Bureau MUMBAI: In a first-of-its-kind judgement, the Income-Tax Appellate Tribunal (ITAT) recently ruled that a recipient of an interest-free loan from a non-relative is not liable to pay tax. The judgement will c

Posted in Income Tax |   2173 Views


judgment on INCOME TAX ACT, 1961

  Sumit Jain    18 May 2009 at 13:02

1. This is an appeal preferred by the assessee under Section 260A of the Income Tax Act, 1961(hereinafter referred to as the ‘Act’) against judgment dated 20.10.2006 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the ‘Trib

Posted in Income Tax |   4104 Views



No interest under s.201(1A) of the Income Tax Act 1961 could be charged on the assessee for the period after the date of payment of tax by the payee

Posted in Income Tax |   2298 Views



In the absence of any specific finding that any particular expenditure was incurred by the assessee in relation to exempted dividend income, no artificial disallowance can be made invoking section 14A of the Act.

Posted in Income Tax |   1864 Views



Rule 12(1)(a) of the Income-tax Rules, 1962 and Form-I cannot go beyond the provisions of the Act; Form-I cannot lay down the order of priority of adjustment of TDS, advance tax, MAT Credit under section 115JAA which is contrary to the provisions of

Posted in Income Tax |   3975 Views




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