Judgements and Orders, Supreme Court and High courts of India


S. 142 - Inquiry before assessment

  kavita jain    21 January 2008 at 12:20

S. 142 - Inquiry before assessment

Posted in Income Tax |   39 Views


Cash Credits

  kavita jain    19 January 2008 at 10:21

A bare reading of section 68 suggests that there has to be credit of amounts in the books maintained by assessees; that such credit has to be of a sum during the previous year; and that the assessees offer no explanation about the nature and source o

Posted in Income Tax |   65 Views



Primary burden of proof, therefore, is on the revenue. The statute requires satisfaction on the part of the Assessing Officer. He is required to arrive at a satisfaction so as to show that there is primary evidence to establish that the assessee had

Posted in Income Tax |   58 Views



(1) In the matter of interpretation of a taxing statute, as also other statutes where the applicability of Article 246 of the Constitution of India, read with Seventh Schedule thereof is in question, the Court may have to take recourse to various t

Posted in VAT |   59 Views


Tax Treaty

  kavita jain    17 January 2008 at 22:45

The Act is concerned only with the profits earned in India and, therefore, a method is to be found out to ascertain the profits arising in India and the only way to do so is by treating the Indian PE as a separate profit centre vis-a-vis the foreign

Posted in Income Tax |   62 Views


The jurisdiction of the ITO is limited.

  kavita jain    17 January 2008 at 22:45

Determination of liability of income-tax under the provisions of the Act for the purpose of computation of income of an assessee, inter alia, for carrying on business in insurance is governed by section 44 thereof and rule 5(a) of the First Schedule

Posted in Income Tax |   48 Views


Set off of Losses

  CA Nikita    17 January 2008 at 18:02

Posted in Income Tax |   51 Views



“the income-tax has laid down certain rules to be applied in deciding how the tax should be assessed and even if the result is to tax as profits what cannot be construed as profits, still the requirements of the income-tax must be complied with. Wh

Posted in Income Tax |   42 Views



Proceedings in search cases cannot be used as an opportunity to either reopen concluded assessment or to reassess returned income:ITAT

Posted in Income Tax |   34 Views


Capital Gain ::

  CA.Saibaburao Nanduri    14 January 2008 at 01:53

Held by the Hon`ble Bench that as per section 55(2) clause (aa) in case assessee becomes entitled to an additional financial asset by virtue of original holding of shares the cost of acquisition of the original shares cannot be spread over for calcul

Posted in Income Tax |   39 Views