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Judgements by kavita jain

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Interest on borrowed capital

  kavita jain    13 March 2008 at 23:12

In August/September 1999, the assessee-firm granted interest free advances to its sister concerns which were disallowed by the department on the ground that the said advances were not given from the assessee’s own fund, but from the interest bearing

Posted in Income Tax |   29 Views



The assessee, a public school, had been charging concessional fees from the children of the employees studying in the school at the rate of 50 per cent in respect of the standard/normal tuition fees, ancillary fees and computer fees and at the rate o

Posted in Income Tax |   157 Views


Section 271(1)(c) – Penalty

  kavita jain    13 March 2008 at 23:12

Penalty for concealment of income. Evidecne led by the assessee not malafide or false. Tribunal concurred with the finding of the lower authorities. on Appeal, order of the Tribunal upheld.

Posted in Income Tax |   36 Views



S. 133A - Additions can be made on basis of materials collected during course of illegal survey.

Posted in Income Tax |   22 Views



S. 263 - Revision - Exercise of power under S. 263 by CIT would not be justified only because Assessing Officer has taken a view in favour of assessee. -

Posted in Income Tax |   23 Views



The assessee-company had borrowed foreign currency loan from IDBI which in turn was refinanced by the foreign company. It paid commitment charges and finance charges to the said foreign company. The questions that arose for consideration were as to (

Posted in Income Tax |   32 Views



Section 2(7), read with section 4, of the Interest-tax Act, 1974.

Posted in Income Tax |   34 Views


Allowability of Business expenditure .

  kavita jain    17 February 2008 at 23:05

There are a number of tests which are required to be considered while deciding whether the expenditure was revenue or capital in nature. A number of judgments have been cited before us in that regard. However, in the absence of the requisite details

Posted in Income Tax |   31 Views



Section 2(7), read with section 4, of the Interest-tax Act, 1974.

Posted in Income Tax |   178 Views



In the instant case, the matter was to be remitted to the Assessing Officer for the following reasons. Firstly, in the instant case there was no factual finding recorded by the High Court as to whether the ‘sales made through the export houses by the

Posted in Income Tax |   23 Views