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Income Tax Judgements


Central excise refund taxable: ITAT

  CA. Dhiraj Birla    29 December 2009 at 20:33

Tax dept says Central excise refund should be taxed because it is a benefit derived from a government scheme and is distinct from profit derived from industrial activity

Posted in Income Tax |   2178 Views



It is an admitted fact that the property of the assessee-trust was in a dilapidated condition and would not earn income to carry out the objects of the trust. For the purpose of carrying out the objects of the trust, it has become necessary to demoli

Posted in Income Tax |   5537 Views


Sec 195 Issue

  CA Anand Sarda    29 December 2009 at 20:33

Assessee is liable for TDS qua payment made for purchase of software from non-residents.

Posted in Income Tax |   2441 Views



Depreciation allowable even if asset not used at all for entire year

Posted in Income Tax |   3345 Views



Business expenditure/loss : Assessee federal society of primary milk societies : Milk rate difference determined in March and paid in subsequent year : Is allowable business expenditure/loss.

Posted in Income Tax |   2076 Views


CIT v. Ashish Rajpal

  CA.Tarun Maheshwari    29 September 2009 at 11:54

Revision : S. 263 of Income-tax Act, 1961 : A.Y. 2002-03 : Notice u/s.263 referring to four issues and final order passed referred to nine issues : Order of revision bad in law.

Posted in Income Tax |   1778 Views



Recently, the Bombay High Court in the case of various stock broking houses1 held that the depreciation cannot be granted on Bombay Stock Exchange Membership Card (BSE card) acquired on or after 1 April 1998 either by nomination or directly through

Posted in Income Tax |   2517 Views


Derivative Transaction

  Jinesh Bhagdev    14 September 2009 at 13:27

Derivatives transactions having underlying asset as shares are covered under section 43(5) prior to the amendment (effective from AY 2006-07) exempting derivatives from the definition of ‘speculative transaction’

Posted in Income Tax |   3361 Views



All F & O transactions before 2006 to be held as speculative

Posted in Income Tax |   1605 Views


Set off of losses under STCG

  Aditya Maheshwari    14 September 2009 at 13:27

Set - off of short-term capital loss which has been subject to STT against short-term capital gains arising on off-market transactions including buy back / open offer, etc., which are not subject to STT

Posted in Income Tax |   3511 Views