Income Tax Judgements



Larger Bench of High Court deciding a bunch of Appeals vide a significant ruling has ruled that power to impose penalty under Section 271 of the Act depends upon the satisfaction of the Income Tax Officer in the course of the proceedings under the

Posted in Income Tax |   1969 Views



There was a general investigation by the Investigation wing regarding a fake gift racket. There was no information with the AO when the assessee voluntarily surrendered the income, that gifts or credits received by assessee were fake. In the assessme

Posted in Income Tax |   7439 Views


Search u/s 132

  Arbind Aggarwal    02 February 2009 at 16:15

Income tax - Search u/s 132 - assessee is a tax consultant - Revenue conducts a search - finds papers related to bogus TDS certificates and refund collected from Revenue -

Posted in Income Tax |   1669 Views



Income tax - Sec 56 - assessee was a partner in a firm - Firm reconstituted after the death of one of the partners - assessee continued to be a partner in the new firm -

Posted in Income Tax |   1135 Views


Judicial Indiscipline

  Arbind Aggarwal    01 February 2009 at 15:00

Swamiji in jail - His income cannot be treated as income of TRUST - amounts which have 'come in' are income - the amounts received by the writ petitioner constituted income since it was profits and gains arising out of his vocation, profession or bus

Posted in Income Tax |   1080 Views


Income Tax - set off of the loss

  Arbind Aggarwal    01 February 2009 at 15:00

Income Tax - set off of the loss suffered in any of the previous year in the block period against the income assessed in other previous years in the block period is not prohibited:

Posted in Income Tax |   1169 Views



Section 143, read with section 36(1)(vii), of the Income-tax Act, 1961 - Assessment - Prima facie adjustments - Assessment year 1994-95 - Whether as section 36(1)(vii) does not authorise granting of deduction of any debt unless it is written off in a

Posted in Income Tax |   1981 Views


Appellate power of Tribunal

  CA CS CIMA Prakash Somani    20 January 2009 at 00:50

The assessee has written off 1/5th of deferred revenue expenditure in its books of account and claimed the expenditure on deferred basis in its return of income.

Posted in Income Tax |   1439 Views


TDS

  CA. A. Kumar    15 January 2009 at 20:44

Case Fact: Whether, allowing exemption for children education and leave travel on the basis of declaration and affidavits given by the employees, the Tribunal was justified in law?

Posted in Income Tax |   2487 Views



Income Tax Act, 1961 - Sections 17 and 192 - Free meals coupon issued to employees - Some of them misusing the same - Whether company is liable to deduct TDS from the value of such free coupons provided – Held, No.

Posted in Income Tax  1 comments |   6057 Views




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