neither reserve nor the surplus of the assessee is a part of the capital employed in the business of the company.
Validity of Amendment – Arbitrary amendment - Insertion of clause (f) to s.43B In original section 43B certain payments were held allowable only on actual payment s.43B was amended by inserting clause (f) to disallow liability towards leave encashm
The discount given to the 'stamp vendors' is neither 'brokarage nor 'commission'. Hence TDS provisions are not applicable
Order of penalty MUST clearly state the reasons of penalty !
Purpose of the Subsidy is important to determine whether it is revenue or capital
The ITO added 'interest' on interest free loan given by lessee to lessor as 'notional rent'. HC said no.
Compensation actually should be allowed as deduction !
Whether High Court is empowered to accept qustion of fact ??