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Income Tax Judgements



The Supreme Court on February 2, 2010 delivered a judgment in the case of Asstt. CIT v. Hotel Blue Moon [2010] 188 Taxman 113, [along with other 5 appeals heard together] against the Income-tax Department. The only issue for the determination of the

Posted in Income Tax  1 comments |   4832 Views


SECTION 68

  PANKAJ KHURANA    13 October 2010 at 13:06

Though in Section 68 proceedings, the initial burden of proof lies on the assessee yet once he proves the identity of the creditors/share applicants by either furnishing their PAN number or income tax assessment number and shows the genuineness of t

Posted in Income Tax |   3824 Views



The assessee had received interest free deposit in respect of shops given on rent. The Assessing Officer added to the assessee’s income notional interest on the interest free deposit at the rate of 18 per cent simple interest per annum .

Posted in Income Tax |   1836 Views


case study sec 263

  PANKAJ KHURANA    13 October 2010 at 13:06

Where the Assessing Officer has not carried out necessary enquiry which ought to have been carried out for allowing deduction to the assessee under section 40(b), the order passed by the Assessing Officer was erroneous and prejudicial to the interest

Posted in Income Tax |   1709 Views



Router and switches can be classified as a computer hardware when they are used along with a computer and when their functions are integrated with a ‘computer’

Posted in Income Tax |   1647 Views


Section 14A

  PANKAJ KHURANA    13 October 2010 at 13:06

where it is found that for earning exempted income no expenditure has been incurred, disallowance under section 14A cannot stand - Held, yes

Posted in Income Tax |   2124 Views



Taxability of payment for reimbursement of expenses incurred outside India Fact of case : in this case, the assessee running merchant banking business had debited in its accounts reimbursements of expenses made to the parent company against the

Posted in Income Tax |   2658 Views



Decision by the Hyderabad Bench of the Tribunal in Dy CIT V. Chaya Lakshmi Creations P ltd. removes the dust over the question- “ Whether renovation expenditure on building taken on lease would be capital or revenue in nature?”- That any expenditure

Posted in Income Tax |   4305 Views


Obligation to deduct tax at source (TAS) arises

  dhaval    15 September 2010 at 14:41

Appellant(s) are the distributors of imported prepackaged shrink wrapped standardized software from Microsoft and other Suppliers outside India. During the relevant assessment year(s) appellant(s) made payments to the said software Suppliers which ac

Posted in Income Tax |   2179 Views



In this case, we are concerned with the Assessment Years 1999-2000, 2000-2001, 2001-2002 and 2002-2003. The assessee company filed its Return of income for the Assessment Year 1999-2000 disclosing a loss of Rs. 10,77,276/-. The return was processed u

Posted in Income Tax |   4219 Views