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Income Tax Judgements



If it is held that the transaction in derivatives does not fall in section 43(5), it will make clause (d) and Explanation thereto below section 43(5) introduced by Finance Act, 2005 to be redundant.

Posted in Income Tax |   2626 Views



Stock Exchange card is NOT an intangible asset eligible for depreciation

Posted in Income Tax |   1273 Views


Income Tax Settlement Commission

  n murali    05 September 2009 at 12:11

In both the writ appeals, one filed by the firm and the other by the partner of the firm, as a common question of law is involved, they are being heard together and disposed of by this common judgment.

Posted in Income Tax |   2414 Views


Penalty U/s 271(1)(C)

  Venkat Rao Marella    05 September 2009 at 12:11

Penalty under section 271(1)(c)-Concealment-Addition to income based on estimate basis-Where in a case there is nothing on record to substantiate that there was failure on part of assessee to return correct income penalty under section 271(1)(c) cann

Posted in Income Tax |   6396 Views



Delhi Tribunal reaffirms that the taxpayer can claim the benefits of a double taxation avoidance agreement between India and Mauritius on the basis of a tax residency certificate

Posted in Income Tax |   2665 Views


judgment on INCOME TAX

  Sumit Jain    30 June 2009 at 14:45

The Revenue has preferred the present appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) against the judgment of the Income Tax Appellate Tribunal (hereinafter referred to as the ‘Tribunal’) dated 19.05.2006

Posted in Income Tax |   5057 Views


judgment on INCOME TAX

  Sumit Jain    30 June 2009 at 14:45

In both the writ appeals, one filed by the firm and the other by the partner of the firm, as a common question of law is involved, they are being heard together and disposed of by this common judgment.

Posted in Income Tax |   2567 Views



The primary object of the Excise Act is to raise revenue for which various products are differently classified in New Tariff Act.

Posted in Income Tax |   2700 Views


Sale Tax Determinations:

  Sanjeev Jain    30 June 2009 at 14:45

1. Suretech International :Held equipment for recovery and peak performance of batteries being subject matter of determination, do not form part of “ Renewable energy devices and spare parts” covered under item no. 58 of third schedule to DVAT ACT, 2

Posted in Income Tax |   1942 Views



In this determination, in context of the question "What is the rate of tax upon Electric Motors and Switch gears/starters which are used as a part of Machinery”, it is held that the subject items do not find any place in any of the schedules of Act,

Posted in Income Tax |   1762 Views