Income Tax Judgements

Held that failure to consider vital facts brought on record and ommission to consider decisions of various courts will constitute a a mistake apparent from record. Hence, Tribunal can rectify the mistakes u/s 254(2).

Held that it is not mandatory under provisions of section 35(1)(iv) that plant and machinery purchased must be put to use. It is enough that the expenditure is incurred on purchase of plant and machinery to be used in research work. Hence, A.O. is no

Held by hon"ble court that under mercantile system of accounting assessee is entitled to deduction of loss/ expenditure in the year in which such entry is made in books of account. Hence, A.O. is not justified in disallowing deduction for amount paya

Held by hon"ble court that it is clear from reading section 273A(3) that commissioner can once grant relief with regard to any number of assessment years. But once relief is granted under this section, the commissioner cannot grant any relief for any

Held by hon"ble court that section 148 is silent regarding communication of reasons of notice. However, if reasons are supplied along with the notice it will save assessee from unnecessary harassment and Deptt. from unnecessary litigation. Also, it w

Held by the Hon"ble court that the use of land starts as the wheels of an aircraft coming into an airport touch the surface of the airfield and likewise the parking of the aircraft also is use of land. Hence the landing and parking fees charged is "r

Asst.C.I.T. Vs. Raka Food Products

Held by Ho"ble Court that it is not necessary that the expenditure is obligatory, only fact to be shown is that the sum has been paid voluntarily and out of commercial expediency for the making or earning of income. The amount spent is not applicatio

Held by the Hon'ble court that as per the Income Tax Act the husband and wife are treated as the separate taxable personalities, subject to the provisions of section 64(1)(i) of the Act,as such provisions are not applicable. There was no question of

Held by the Hon'ble court that where an assessee dies, pending any assessement proceedings,it is the duty of the assessing officer to ensure compliance of section 159(2) before passing any orders.Therefore, the assessement order passed by the assessi