An abstract rule, principle or test can not determine the character of a transaction, depends on facts and circumstances. CIT Vs. R V Gupta , Delhi High Court Also decided the question of distinction between a capital sale and an adventure in the nature of trade was considered by the Supreme Court in G. Venkataswami […]
Note on Preparing books of accounts to be maintained under Section 44AA of Income Tax Act, 1961 Some important points to be considered white completing the Books of Accounts and preparing of the Balance sheet for business or profession by an accountant and an assessee. Sometimes it is seen that when an assessee is required […]
ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. (Supreme Court) Assessment order or an intimation u/s 143(1) of the Income tax Act , 1961 as it stood prior to amendment wef 1.4.1989 and thereafter and further amendments made . A broad analysis has been extracted from the judgement of the Hon’ble Supreme Court of India […]
Messrs Mehta Parikh & Co vs The Commissioner Of Income-Tax, Bombay (Supreme Court of India), Date Of Judgment: 10/05/1956, Equivalent citations: 1956 AIR 554, 1956 SCR 626 Bench: Natwarlal H. Bhagwati | Sudhi Ranjan Das (CJ) | T.L. Venkatarama Aiyyar Income-tax-Income from undisclosed sources-Assessment. Assessee’s explanation based on accounts supported by affidavits Accounts accepted as […]
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 […]
