The Tribunal has jurisdiction to examine a question of law which arises from the facts as found by the authorities below .and having a bearing on the tax liability of the assessee . Where the tribunal is only required to consider a question of law arising from the facts ,we fail to see why such […]
As per law and reason an Appellate Authority can modify the assessment order on an additional ground not raised earlier No rigid principles or any hard and fast rules can be laid down for entertainment of additional ground first time before Appellate Commissioner.While permitting the assessee to raise an additional ground, the appellate commissioner should […]
In principle , apart from any statutory provisions, there is no distinction as drawn by the revenue , between interest in respect of a loan and an expenditure incurred for obtaining the loan . It is erroneous to consider a liability as an asset or an advantage. The nature of the expenditure incurred in raising […]
Whether the assessee is entitled to a particular deduction or not will depend on the provision of law relating thereto and not on the view which the assessee might take of his rights nor can the existence or absence of entries in the books of accounts be decisive or conclusive in the matter .The following […]
Actual cost to Plant & machinery before start of production in absence of statutory definition The accepted accountancy rule for determining the cost of fixed assets is to include all expenditure necessary to bring such assets into existence . Interest paid on money borrowed before start of production shall increase the cost of the asset […]
A well accepted Principle of law On going through the judgement of the Hon,ble Supreme Court in CIT, West Bengal Vs. Calcutta Discount Co. Ltd. Decided on 10.04.1973, we find two very important aspects decided by this court . 1. No specific formula is necessary for seeking relief at the hand of any court or […]
Application of mind & availability of material must for Reasons To Believe under section 147 of The Income Tax Act, 1961 Wef 01.04.1989. Article compares Section 34 of Income Tax Act, 1922 with Section 147 of Income Tax Act, 1961 and also compare Section 147 of Income Tax Act, 1961 with Amendment made vide Amendment […]
Understanding the role of a tribunal as a fact-finding body and the circumstances under which its findings can be challenged.
Understanding the implications of not maintaining books of accounts under section 271B of the Income Tax Act. Learn about the penalties and favorable judgments.
Understanding the penalty provisions under section 271(1)(c) of the income tax Act, 1961 when income is determined by AO through estimation.
