Judgements by CS Bijoy

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Section 41(1) has been incorporated in the Act to cover a particular facts situation. Section applies where a trading liability was allowed as a deduction in earlier years in computing the business income of the assessee and the assessee has obtained

Posted in Income Tax |   7957 Views



Briefly stated, assessee filed return of income declaring total income at `1,57,02,407/- mainly consisting of capital gains. Assessee surrendered its tenancy rights and received an amount of `4,12,00,000/-. Out of this amount assessee has invested an

Posted in Income Tax |   3413 Views



If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference

Posted in Income Tax |   2122 Views



On the facts and in the circumstances of the case and in law the ld. CIT(A) failed to appreciate that expenses of Rs.4,13,52,970/- was not incurred by the assessee wholly and exclusively for the purpose of its own business. On the facts and in t

Posted in Income Tax |   2667 Views



Facts, in brief, as per relevant orders are that return declaring nil income after adjusting brought forward loss of ``10,74,016/-. under the normal provisions and book profits of `8,67,496/- in terms of the provisions of section 115JB of the Income-

Posted in Income Tax |   2552 Views



Briefly stated, assessee is an Actress and showed gross receipts of `30,92,000/- in her income expenditure statement. She has shown an amount of `35,75,000/- as advance received. AO on noticing that assessee is following cash system of accounting bro

Posted in Income Tax |   1629 Views



After informing that matter will be heard on a particular date, no one appeared on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence this a

Posted in Income Tax |   1560 Views



For that in the facts and circumstances of the case the assessment order passed was in violation of principles of natural justice hence is bad in law and be quashed. (2) For that in the facts and circumstances of the case the learned Assessing Office

Posted in Income Tax |   1447 Views



The main fact of the case is that there is no provision in section 115JB to allow deduction under section 54EC of the Act. Computation of book profit is provided under section 115JB, which is a separate code by itself, wherein the first step is to co

Posted in Income Tax |   2045 Views



The facts filed before the first appellate authority indicate that the assessee was retired from Ministry of Defence as Defence Estate Officer long back, from where he was getting his pension. After retirement he had started his own business of sale

Posted in Income Tax |   2122 Views