Income Tax - Page 5

Section 115JB does not apply to insurance companies

Oriental Insurance Co. Ltd Vs DCIT (Delhi High Court)

Applicability of Section 115JB to insurance companies Turning now to ITA No. 447/2015, the question concerns the applicability of Section 115JB of the Act to insurance companies. The ITAT has permitted the Assessee to raise this question since, in a large number of judgments of the ITAT, the question has been answered in favour of [&helli...

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Assessee cannot be allowed to take advantage of his own wrong: HC

Shri. Arunkumar J. Muchhala Vs The Commissioner of Income- ­Tax- 8 (Bombay High Court)

S. 68: Argument that the assessee did not maintain books of account and so s. 68 will not apply is not acceptable. It is incumbent on every assessee doing business to maintain proper books of account. It may be in any form. If the assessee has not done so, he cannot be allowed to take advantage of his own wrong. Burden lies on the assesse...

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Assessee allowed Deduction U/s. 54 depsite non completion of construction within 3 years

Kannan Chandrasekar Vs ITO (ITAT Chennai)

This appeal of the assessee is directed against the order of the Commissioner (Appeals)-4, Chennai dated 19-8-2016 pertaining to assessment year 2012-13. 2. The only grievance in this appeal of assessee is non-granting of exemption under section 54 of the Act in respect of sale of the residential property....

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Sec. 54 ITAT allows capital gain exemption despite investment in Term Deposit A/c Instead of Capital Gain Scheme A/c

Sri Ajeet Kumar Jaiswal Vs. ITO (ITAT Hyderabad)

The Income Tax Appellate Tribunal (ITAT), Hyderabad held that exemption under section 54(2) of the Income Tax Act, 1961 cannot be denied to the assesse for the mere reason that the assesse has invested the capital gain in a normal term deposit account instead of Capital Gain Scheme account....

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HC cannot proceed to hear a second appeal without formulating substantial question of law

Maharaja Amrinder Singh Vs. Commissioner of Wealth Tax (Supreme Court of India)

S. 260A/27A: Meaning of substantial question of law explained. The High Court cannot proceed to hear a second appeal without formulating the substantial question of law involved in the appeal and if it does so it acts illegally and in abnegation or abdication of the duty case on Court ...

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Punishment for Siphoning Money from Bank A/cs of Struck Off Companies

Stricter Norms for Corporate Governance: Punishment for Siphoning off Money from Bank Accounts of Struck Off Companies; Disqualifation of Directors from Being Appointed or Reappointed in Companies ...

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Exemption U/s. 11 cannot be denied for delayed-filing of audit report alongwith return due to seizure of accounts

DIT(E) Vs. Vishwa Hindu Parishad (Delhi High Court)

Conclusion: Where assessee trust could not file audit report as its accounts having been seized were released for quite a shorter time period before filing of return, however, the audit report had been filed along with revised return filed by assessee even before last date prescribed for completion of assessment, AO was not justified in d...

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CBDT cannot amend the legislative provisions by issuing a Circular: SC

CIT Vs S. V. Gopala Rao (Supreme Court of India)

The Central Board of Direct Taxes (CBDT) issued a Circular under Section 119 of the Income Tax Act,1961. In fact, it amended the provisions contained in Rule 68B of the IInd Schedule to the Income Tax Act, 1961, which otherwise have statutory force. Such legislative provisions cannot be amended by CBDT in exercise of its power under Secti...

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There can be no tax liability without the authority of law : ITAT Mumbai

Nivea India Private Ltd Vs DCIT (ITAT Mumbai)

This appeal by assessee u/s 253 of Income Tax Act (the Act) is directed against the order of ld. Commissioner of Income-tax (Appeals)-15, Mumbai dated 16.10.2012 for Assessment Year 2007-08. The assessee has raised the following grounds of appeal...

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SC on fixation of rent and its payment is statutory or contractual and Tax effect

CIT Vs. M/s Travancore Cochin Udyoga Mandal (Supreme Court of India)

S. 37(1): in order to decide whether disputed lease rent is deductible in the year of fixation or in the year the dispute attains finality, the nature of fixation of rent, its payment, recovery etc. and whether it is statutory or contractual, have bearing. The Tribunal is required to bring the facts on record ...

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Latest Income Tax News

Income tax is the part of your income which you are required to pay to the Indian government for funding various infrastructural developments, pay salaries to those who are employed by the central or the state governments, etc. All the taxes which are imposed are based on law, and the law which governs provisions about taxes on income is the Income Tax Act, 1961.

Income tax needs to be paid by each and every individual, Hindu Undivided Family, Association of Persons, Body of Individuals, companies, corporate firms, local authorities and every artificial juridical person generating any income based on the income tax slab rates.

Income tax might seem to be a tedious tax for most us, and it has a lot to do with the fact it involves a lot of nitty-gritty and details while calculating and in paying income tax. However, if you need a clear picture about income tax which is simple and easy to understand then you are at the right place.
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