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Income Tax Judgements



When the assessee has made a particular claim in the return of income and has also furnished all the material facts relevant thereto, the disallowance of such claim cannot automatically lead to the conclusion that there was concealment of particulars

Posted in Income Tax |   2689 Views



The Central Board of Direct Taxes (CBDT) is the policy making agency of the Department of Revenue, hence, the instructions issued by it laying down monetary limits for filing of appeals, are mandatory, and as such, binding on the Revenue having regar

Posted in Income Tax |   2114 Views



Where the assessee was a co-operative society and its income was deductible under section 80P, it was not necessary for the AO to impose penalty under section 271B upon the assessee for non-submission of audit report under section 44AB on or before d

Posted in Income Tax  1 comments |   5489 Views


Set off of disputed loss

  CA Devanshi Gandhi (Ajani)    20 March 2009 at 14:29

Where the assessee-company in spite of the fire which destroyed stock/goods belonging to it on 26-3-1978, did not accept the same as its own loss because the responsibility/liability of the destruction of the stocks/goods in the fire was that of the

Posted in Income Tax |   1203 Views



The facilities/amenities made available by a hotel to its customers do not constitute “work” within the meaning of section 194C; consequently, the Circular No. 681 dated 8-3-1994 to the extent it holds that the services made available by a hotel to i

Posted in Income Tax |   2007 Views



The provision for a liability is amenable to a deduction if there is an element of certaintly that it shall be incurred and it is possible to estimate the liability with reasonable certainty even though the actual quantification may not be possible.

Posted in Income Tax |   2248 Views



The payment by way of reimbursement of salary and expenses payable outside India or to a non-resident is chargeable under the head “salaries”, and the same is not covered by section 40(a)(i) but is covered by section 40(a)(iii) and in respect of whic

Posted in Income Tax |   2593 Views


Sec 234B

  Pemmasani Purushotham    17 March 2009 at 19:46

The levy under section 234B is compensatory in nature and is not in the nature of penalty

Posted in Income Tax |   2160 Views



Posted in Income Tax |   1269 Views



Posted in Income Tax |   1445 Views