Judgements and Orders, Supreme Court and High courts of India


Business Expenditure

  CA Pawan Goswami    16 February 2009 at 18:10

Section 37(1) of the Income-tax Act, 1961 - Business expenditure - Allowability of - Assessment year 1987-88 - Whether commitment charges incurred in respect of debentures issued by assessee-company to acquire more working capital would be allowed as

Posted in Income Tax |   1110 Views



Substantial question of law — Whether credit for MAT is to be allowed before charging of interest u/s.234B and u/s.234C of the Act is a question of law.

Posted in Income Tax |   1933 Views


Assessment

  CA Pawan Goswami    10 February 2009 at 22:37

Section 246, read with section 143, of the Income-tax Act, 1961 - Commissioner (Appeals) - Appealable orders - Assessment year 1995-96 - Whether so long as Explanation to section 143(1) was on statute up to 1-6-1999 till its omission by Finance Act,

Posted in Income Tax  1 comments |   1068 Views



I. Section 48 of the Income-tax Act, 1961 - Capital gains - Computation of - Assessment year 1998-99 - Whether expression ‘full value of consideration’ used in section 48 does not have any reference to market value but only to consideration referred

Posted in Income Tax |   2190 Views



Business expenditure — If income from an activity is assessed as an income, expenditure incurred in respect of that activity should be allowed.

Posted in Income Tax |   2207 Views


Appellate Tribunal : Power of

  CA.Tarun Maheshwari    02 February 2009 at 16:15

The Tribunal has power to allow claim for deduction which was not made in the return of income : Assessee claimed 1/5th revenue expenditure on deferred basis: Tribunal can allow full revenue expenditure on accrual basis.

Posted in Income Tax |   1249 Views



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 |   1958 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 |   7430 Views


Unjust enrichment

  Arbind Aggarwal    02 February 2009 at 16:15

Customs - Refund of differential duty paid on import of vessel subject to principles of unjust enrichment - Duty recoverable from Customs should be shown as current assets,

Posted in Custom |   4353 Views


SSI exemption Notifn.No. 175/86

  Arbind Aggarwal    02 February 2009 at 16:15

Availment of exemption in respect of goods covered by SSI Notf 8/98-CE and availment of MODVAT benefit in respect of goods lying outside the purview of the exemption notification is not simultaneous availment of MODVAT and SSI exemption – Tribunal di

Posted in Excise  2 comments |   4581 Views



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