Income Tax Judgements



The ex-gratia payment in excess of the limits prescribed under the payment of Bonus Act either under section 36(1)(ii) or section 37(1) of the Income-tax Act, is allowable as business expenditure although the payment does not cover contractual or cus

Posted in Income Tax |   112 Views


Compulsory tax audit

  Jitender    24 September 2008 at 16:01

Section 44ab, read with section 271B, of the Income-tax Act, 1961 - Compulsory tax audit - Assessment years 2001-02 and 2002-03 - Whether for purpose of section 44AB, it is not necessary that any books of account or any accounts maintained by asses

Posted in Income Tax |   64 Views



Agricultural Produce Market committees are not local authorities for tax tax exemption and are liable to pay tax

Posted in Income Tax |   300 Views


Income from House Property or Business Income

  Devendra    24 September 2008 at 16:01

Whether income form lease of property is income form business or housing property?

Posted in Income Tax |   53 Views


Diamond Services International vs. Union Of India

  Taxguy    24 September 2008 at 16:01

The meaning of "experience”, “use” and “impart” considered in detail

Posted in Income Tax |   43 Views


ACIT Vs. SAURASHTRA KUTCH STOCK EXCHANGE

  Taxguy    23 September 2008 at 14:54

Rectification of an order stems from the fundamental principle that justice is above all. It is exercised to remove the error and to disturb the finality.

Posted in Income Tax |   114 Views


Mahendra Jain Vs. ITO

  Taxguy    23 September 2008 at 14:54

Where the assessee is carrying on an illegal activity which is treated as a business, any loss arising in such business as a result of confiscation by the authorities is an allowable loss. However, where the assessee is carrying on a lawful business,

Posted in Income Tax |   71 Views



Whether the incentive subsidy received by the assessee is a capital receipt not includible in the total income

Posted in Income Tax |   49 Views


Burmah Castrol vs. DIT Mumbai

  Taxguy    23 September 2008 at 14:54

CIT cannot disarray the AAR. An attempt to belittle the role of this Authority in the statutory scheme of adjudication cannot be countenanced.

Posted in Income Tax |   41 Views


AAR Vs. Foster's Australia

  Taxguy    23 September 2008 at 14:54

Judgement of AAR can be taken to Supreme Court only after being challenged before a High Court.

Posted in Income Tax |   83 Views