Income Tax Judgements


CIT vs. Wallfort Shares & Stocks

  Taxguy    23 October 2008 at 13:43

(i) S. 94(7) was inserted prospectively w.e.f. 1.4.2002 to disallow dividend stripping losses. If the argument of the Revenue that even transactions prior to s. 94(7) can be disallowed is accepted, it will render s. 94(7) redundant and also lead to a

Posted in Income Tax |   162 Views


CIT vs. Raval Tiles

  Taxguy    23 October 2008 at 13:39

Where the Tribunal did not pass an order on the appeal despite considerable delay and instead fixed the matter repeatedly for ‘clarifications’ and thereafter closed the matter for orders on the basis of written submissions and without hearing the ass

Posted in Income Tax |   89 Views


Interest Forgone not taxable

  Taxguy    23 October 2008 at 13:32

Where the assessee entered into an agreement for transfer of its industrial undertaking under which the buyer agreed to pay it interest on the unpaid consideration w.e.f 1.3.1977 and subsequently on 30.6.1978 the parties agreed to defer the date of c

Posted in Income Tax |   50 Views


CAPITAL OR REVENUE RECEIPTS

  CA. Shikha    20 October 2008 at 16:11

Whether compulsory deduction made by sugar cooperative societies on account of non-refundable and refundable deposits and other funds are revenue receipts liable to be taxed under the Income Tax Act.

Posted in Income Tax |   104 Views



Section 28(i) of the Income-tax Act, 1961 - Business loss/deductions - Allowable as - Assessment year 1986-87 - ‘A’ Ltd., which carried on business of a financier, was amalgamated with assessee-company - Prior to its amalgamation, ‘A’ Ltd. had issued

Posted in Income Tax |   60 Views



Posted in Income Tax |   73 Views


ITAT Bangalore Philips software

  Taxguy    07 October 2008 at 13:56

The profits of super profit companies should not be “normalized”; instead they should be excluded from the list of comparables; The proviso to section 92 C (2) provides a standard deduction of 5% to the taxpayers at their option.

Posted in Income Tax |   75 Views



There are two types of "debt". A debt payable by the assessee is different from a debt receivable by the assessee.

Posted in Income Tax |   71 Views


B.M. MALANI vsCOMMR. OF INCOME TAX & ANR

  Taxguy    03 October 2008 at 14:09

A statutory authority despite receipt of such a request could have kept mum. It should have taken some action. It should have responded to the prayer of the appellant. However, another principle should also be borne in mind, namely, that a statutor

Posted in Income Tax |   93 Views



Neset Holdings (P) Ltd. v. CIT (2006) Relevant section: 37(1)

Posted in Income Tax |   57 Views




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