Income Tax Judgements


judgment on INCOME TAX ACT, 1961

  Sumit Jain    18 May 2009 at 13:02

1. This is an appeal preferred by the assessee under Section 260A of the Income Tax Act, 1961(hereinafter referred to as the ‘Act’) against judgment dated 20.10.2006 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the ‘Trib

Posted in Income Tax |   4028 Views



No interest under s.201(1A) of the Income Tax Act 1961 could be charged on the assessee for the period after the date of payment of tax by the payee

Posted in Income Tax |   2250 Views



In the absence of any specific finding that any particular expenditure was incurred by the assessee in relation to exempted dividend income, no artificial disallowance can be made invoking section 14A of the Act.

Posted in Income Tax |   1843 Views



Rule 12(1)(a) of the Income-tax Rules, 1962 and Form-I cannot go beyond the provisions of the Act; Form-I cannot lay down the order of priority of adjustment of TDS, advance tax, MAT Credit under section 115JAA which is contrary to the provisions of

Posted in Income Tax |   3912 Views



Irrespective of the method followed by an assessee for accounting excise duty, adjustments as specified under section 145A are to be made; when the statute requires a particular methodology of adjustments for tax, duty, cess or fee then it is to be d

Posted in Income Tax |   3208 Views



The provisions of section 143(2) are clear regarding the issuance of notice for both types of scrutinies independently and limit has also been prescribed for issuance of notice under section 143(2) for both types of scrutiny proceedings; hence, notic

Posted in Income Tax |   7232 Views



Based on the methodology adopted for producing mineral oil, each well or a cluster of wells, depending on the nature of reservoir to be exploited, shall constitute an “undertaking” for the purpose of claiming a deduction under section 80-1B(9).

Posted in Income Tax |   1919 Views



Section 142A is attracted, inter alia, where the assessee is found to have made investment outside the books of account or where any such investment made by him is not fully disclosed in the books of account; the condition precedent for making the re

Posted in Income Tax |   2079 Views



It might be true that as per certain decisions a well or a tube-well is an apparatus and therefore a plant but these decisions are all before their inclusion in the definition of building; consequently, all types of wells and tube-wells would be incl

Posted in Income Tax |   2452 Views



Only such deduction are allowed under section 42(1) as are specified in the agreement (PSC) and that too when they fall in any of the sub-clause (a), (b) or (c) of section 42(1); the PSC is an agreement between the Government of India and the assesse

Posted in Income Tax |   1611 Views