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But now, we have to consider the alternative claim of the assessee, whether the assessee is entitled for deduction u/s.37(1) of the Act, of donation made in lieu of appeal made by the GOG as the abovementioned amount was paid because Gujarat State was reeling under severe drought and one of the most important assets of the poor people of Gujarat i.e., cattle would be lost which would result in permanent loss to a large number of farmers and others, whose dependence on ca.. Full Article

Coming to the first point of difference it seems to me that even after the introduction of block of assets concept, there is no change in the legal position to the effect that the assessee^ would be entitled to depreciation even though the assets in question were not actually put to use in the relevant previous year, but were kept ready for being put to use for the purpose of the business. The judgment of the Hon'ble Madras High Court, on this question is in C1T vs. Vayi.. Full Article

It is the burden of the assessee to show and demonstrate what kind of relationship or what kind of love and affection the donor has with the assessee, and to explain circumstances in which gifts are made. Full Article

With effect from 1-6-1999, section 143(1) does not contain any provision for any adjustment to the returned income shown by the assessee in the return of income, and no room is left for any intimation to the assessee except making arithmetical calculation of tax or interest strictly on the basis of returned income; therefore, the power of rectification u/s 154 should be limited to the scope and power of making intimation u/s 143(1), and as such the power of rectification.. Full Article

A partnership firm is a separate entity than that of its partners under the Income-tax Act and therefore, partners vis-à-vis partnership firm would stand on the same footing of shareholders vis-à-vis company; accordingly , income charged in the hands of partnership firm cannot be treated as being a non-exempt income in the hands of a partner of such firm and, therefore, provisions of section 14A would be applicable in computing the total income of such partner in respe.. Full Article

Where in the reasons recorded seeking reopening of the assessment, the Assessing Officer had failed to disclose as to how he had come to the finding and on the basis of which materials that income chargeable to tax had escaped assessment; the reasons recorded were therefore, ex facie without any foundation and were in fact wholly baseless conclusion; accordingly, the notices issued against the assessee under sections 147/148 were to be quashed. Full Article

Admissibility of claim of further deduction in a case where assessee has not maintained books of accounts and has returned his professional income on estimation basis. Full Article

SUMMARY OF CASE LAW The supporting manufacturer gets an independent right to claim deduction under section 80HHC(1A) once he gets in his favour a disclaimer certificate from the export house and there are no other conditions stipulated in the said provisions. CASE LAW DETAILS Decided by: ITAT, BANGALORE BENCH `A’, In The case of: Shamanur Kallappa [...] Full Article