Judgements and Orders, Supreme Court and High courts of India


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 |   100 Views



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

Posted in Income Tax |   77 Views



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

Posted in Income Tax |   2057 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 |   68 Views



Case Fact: Whether income earned by the partner from funds withdrawn from a firm, where the firm had received such funds from a Co. in which the said partner has substantial interest, as repayment of advances made earlier in the ordinary course of bu

Posted in Income Tax |   35 Views


Income from House Property

  CA Rachit K Patel    18 September 2008 at 11:35

Case Fact: Whether A.O. is justified in adding interest on interest free loan given by lessee to the lessor as notinal rent to compute the Income from House Property.

Posted in Income Tax |   53 Views



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

Posted in Income Tax |   77 Views



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

Posted in Income Tax |   148 Views



Posted in Income Tax |   68 Views


Consulting Engineer

  Vidya    18 September 2008 at 11:35

Posted in Service Tax |   50 Views




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