Income Tax Judgements

Section 112, read with section 48, of the Income-tax Act, 1961 - Capital gains Tax on long-term capital gains - Whether benefit of proviso to section 112(1) cannot be denied to non-residents/foreign companies who are also entitled to a different reli

Held by the Hon`ble Court that,the assessee should have been given an opportunity to put forth the case in respect of any issue which had been left out of consideration in the original order passed by the authority by giving due opportunity. Hence or

Section 23 of the Income-tax Act, 1961 - Income from house property - Annual value - Assessment year 2003-04 - Whether words, ‘property is let’ as appearing in section 23(1)(c) mean actual letting out of property - Held, no - Whether if a property is

Held by the Hon`ble Court that, an order cannot be treated as an erroneous order prejudicial to the interest of the revenue unless the view taken by the A.O. is unsustainable in law. Therefore exercise power under section 263 is not justified in law.

Section 251 of the Income-tax Act, 1961, read with rule 46A of the Income-tax Rules, 1962 - Commissioner (Appeals) - Powers of - Assessment year 1997-98 - Whether Commissioner (Appeals) has power to receive new/additional evidence for deciding issue

Held by the Hon`ble Court that, Though sub partnership has not been defined either in Income-tax act or in Partnership act but the pre-requisite of exemption under the provision of section 10(2A) is that the assessee must be a partner of a firm which

Held by the Hon`ble Court that, section 69A applies only if assessee is found to be owner of money or things found and neither possession nor the ownership is proved by slips. Therefore addition is not justified in law.

Held by the Hon`ble Court that, the interest accrued or paid on accumulated profits cannot be said to be a "benefit of partnership" and section 64(1)(iii) permits adding or clubbing to the income of the assessee only the income of a minor child of th

SECTION 40A(3) Business expenditure—Disallowance under s. 40A(3)—Cash payment exceeding Rs. 2,500—Assessee dealing in silver ornaments, if he had to do his business could not avoid paying by cash—Exceptional or unavoidable circumstances, therefore

Recovery—Attachment—State’s right of priority—Sale proceeds of attached property taken by some other attaching decree holder—Recovery of tax due to the Department—Prohibitory order issued by Collector in respect of certain shares belonging to the d