Assessment

Commissioner of Income-tax v. Catapharma (India) (P.) Ltd.- Section 80HHC of the Income-tax Act, 1961 - Deductions - Exporters - Assessment year 1997-98 - Whether excise duty and sales tax form part of total turnover while computing deduction under section 80HHC - Held, no. Full Article

Bajrang Oil Mills v. Income-tax Officer- Section 44AB of Income-tax Act, 1961 - Compulsory tax audit - Assessment year 1994-95 - Whether expressions ‘sales’, ‘turnover’ and ‘gross receipts’ used in section 44AB are not words of art used in relation to any individual transaction independently but have been used as ‘sales’, ‘turnover’ or ‘gross receipts’ - Held, yes – Whether expression ‘total’ qualifies all other three expressions, viz., ‘s.. Full Article

YOU are liable to deduct TDS. By a mistaken understanding, you deduct less TDS than what was required to be deducted. However the deductee pays the correct Income Tax. Can the Department demand the TDS again from you? Logic would say, NO, but logic and tax don't always go together and you need the Supreme Court to tell you that on the same income, you cannot levy tax twice. Full Article

Court noted that basic requirement of Sec.53A of TPA is a written agreement and Sec.2(47)(v) can be invoked only if conditions laid out in Sec.53A are fulfilled. In the instant case there was neither any written agreement between the Assessee and builder nor any consideration received by her thus 53A of TPA can't come into play as a result of which 2(47)(v) can't be invoked. Thus it held that there was no transfer in the instant case within the meaning of Sec.2(47)(v) of.. Full Article

CIRCULAR NO. 5 / 2007, DATED 26-7-2007. The Central Board of Direct Taxes, vide notification S.O. No.762(E) dated 14th May, 2007 have notified following new return forms for assessment year 2007-08 under a new series:- (i) ITR-1 return of income for individuals having income from salary/ pension/ family pension and not having any other income except income by way of interest chargeable to income-tax under the head Income from other sources; Full Article