Judgements and Orders, Supreme Court and High courts of India



Based on the methodology adopted for producing mineral oil, each well or a cluster of wells, depending on the nature of reservoir to be exploited, shall constitute an “undertaking” for the purpose of claiming a deduction under section 80-1B(9).

Posted in Income Tax |   1936 Views



Section 142A is attracted, inter alia, where the assessee is found to have made investment outside the books of account or where any such investment made by him is not fully disclosed in the books of account; the condition precedent for making the re

Posted in Income Tax |   2096 Views



It might be true that as per certain decisions a well or a tube-well is an apparatus and therefore a plant but these decisions are all before their inclusion in the definition of building; consequently, all types of wells and tube-wells would be incl

Posted in Income Tax |   2469 Views



Only such deduction are allowed under section 42(1) as are specified in the agreement (PSC) and that too when they fall in any of the sub-clause (a), (b) or (c) of section 42(1); the PSC is an agreement between the Government of India and the assesse

Posted in Income Tax |   1625 Views



The benefit of exemption under section 54 is to be extended only when the property sold as well as the property purchased by the assessee are intended to be used as residential houses.

Posted in Income Tax |   2424 Views



Section 40C of the Act applies only in respect of Head Office expenses of a non-resident and has no application to the computation of deduction under section 80-IA; the head office expenses in the case of the non-resident as per provision of section

Posted in Income Tax |   3523 Views



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

Posted in Income Tax |   2698 Views



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

Posted in Income Tax |   2134 Views



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

Posted in Income Tax  1 comments |   5515 Views


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

Posted in Income Tax |   1225 Views




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