For qualifying exemption under section 54F, assessee’s ownership and domain over the asset is a must right from the sale of original asset till the purchase and/or construction of the residential house i.e., the “new asset”
Where the assessee, who is carrying on a lawful business in gold, has committed infraction of law in smuggling gold into the country, loss caused to the assessee pursuant to the confiscation of contraband gold cannot be said to be a trade or commerci
A patent, manifest and self-evident error which does not require elaborate discussion of evidence or argument to establish it, can be said to be an error apparent on the face of the record and can be corrected while exercising certiorari jurisdiction
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.
There is no provision under the Finance (No. 2) Act specifically conferring any power on the designated authority (CIT) to cancel the certificate so issued under section 90(2); the second proviso to section 90 only enables the CIT to amend the certif
For the applicability of section 35AB, the nature of expenditure is required to be decided at the threshold because if the expenditure is found to be revenue in nature, then section 35AB may not apply, however, if it is found to be capital in nature,
Higher rate of depreciation under sub-item 2(ii) of Item III of Appendix-I to the Income-tax Rules, 1962 is admissible on motor trucks used in a business of running them on hire; therefore, the user of the same in the business of the assessee of tran
Where Additional Commissioner had exercised power of an Assessing Officer, he was required to continue to exercise that power till his jurisdiction in the matter was over, his jurisdiction in the matter was not over merely on passing of assessment or
Section 5 of the Central Sales Tax Act, 1956, read with section 5A of the Kerala General Sales Tax Act, 1963 - When is a sale or purchase of goods said to take place in course of import or export - Assessment year 1998-99 - Assessee was engaged in bu
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