Judgements and Orders, Supreme Court and High courts of India
Imposition of penalty under section 271(1)(c)
CA Devanshi Gandhi (Ajani) 30 March 2009 at 12:55
When the assessee has made a particular claim in the return of income and has also furnished all the material facts relevant thereto, the disallowance of such claim cannot automatically lead to the conclusion that there was concealment of particulars
monetary limits for filing of appeals before High Court
CA Devanshi Gandhi (Ajani) 20 March 2009 at 14:29
The Central Board of Direct Taxes (CBDT) is the policy making agency of the Department of Revenue, hence, the instructions issued by it laying down monetary limits for filing of appeals, are mandatory, and as such, binding on the Revenue having regar
penalty under section 271B
CA Devanshi Gandhi (Ajani) 20 March 2009 at 14:29
Where the assessee was a co-operative society and its income was deductible under section 80P, it was not necessary for the AO to impose penalty under section 271B upon the assessee for non-submission of audit report under section 44AB on or before d
Set off of disputed loss
CA Devanshi Gandhi (Ajani) 20 March 2009 at 14:29
Where the assessee-company in spite of the fire which destroyed stock/goods belonging to it on 26-3-1978, did not accept the same as its own loss because the responsibility/liability of the destruction of the stocks/goods in the fire was that of the
enlarging scope and ambit of section 194C
CA Devanshi Gandhi (Ajani) 20 March 2009 at 14:29
The facilities/amenities made available by a hotel to its customers do not constitute “work” within the meaning of section 194C; consequently, the Circular No. 681 dated 8-3-1994 to the extent it holds that the services made available by a hotel to i
Allowability of liability under “long service award” scheme
CA Devanshi Gandhi (Ajani) 20 March 2009 at 14:29
The provision for a liability is amenable to a deduction if there is an element of certaintly that it shall be incurred and it is possible to estimate the liability with reasonable certainty even though the actual quantification may not be possible.
Applicability of section 40(a)(i) of IT Act
CA Devanshi Gandhi (Ajani) 17 March 2009 at 19:46
The payment by way of reimbursement of salary and expenses payable outside India or to a non-resident is chargeable under the head “salaries”, and the same is not covered by section 40(a)(i) but is covered by section 40(a)(iii) and in respect of whic
Sec 234B
Pemmasani Purushotham 17 March 2009 at 19:46
The levy under section 234B is compensatory in nature and is not in the nature of penalty
Usha Rajkhowa and others Appellants versus M/s. Paramount In
Sumit Jain 05 March 2009 at 15:47
Uttaranchal Transport Corpn. Ltd. Appellant versus Smt. Viml
Sumit Jain 05 March 2009 at 15:46
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