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Income Tax Judgements


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 |   36 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 |   105 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 |   64 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 |   79 Views



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

Posted in Income Tax |   41 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 |   36 Views



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 |   127 Views



If a gift does not have any advertisement value, it cannot be deemed to fall within the category of advertisement as understood for the purposes of section 37(3) read with rule 6B

Posted in Income Tax |   30 Views



Merely because tax on income was paid for some assessment years would not estop the non-resident assessee from contending that its income is not liable to tax in India.

Posted in Income Tax |   40 Views



The head note to section 80HHC refers to deduction in respect of profits retained for export business, it is not profits retained from export business; in the matter of determining the quantum of deduction, under section 80HHC(3) the “principle of pr

Posted in Income Tax |   20 Views