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ITAT Chandigarh

Scholarship/ stipend received by a student for pursuing higher studies cannot be treated as salary

June 30, 2008 120575 Views 25 comments Print

5. Even if this appeal is viewed with angle of section 15 of the Act, which speaks about chargeability of salary. Section 15 of the Act is reproduced- herewith:- “The following income shall be chargeable to income tax under the head “Salaries”- a). any salary due from an employer or a former employer to an assessee in the previous year, whether paid or not;

Whether notice to assess gift by a deceased person has to be served on all legal representatives of deceased

September 7, 2007 1232 Views 0 comment Print

In the present case, as is evident from admitted facts, the notice was Under Section 16(1). It is a general notice on the assessee as if she made a gift which had escaped assessment. There is no reference or mention to alleged deemed gift made by her mother Smt. Gurcharan Kaur which the G.T.O. wished to assess.

Modvat Credit available to assessee on last day of previous year does not amount to payment of Central excise duty u/s. 43B

July 20, 2007 1153 Views 0 comment Print

1.Whether deduction for tax, duty etc. is allowable u/s. 43B of the Income Tax Act, 1961, on payment basis before incurring the liability to pay such amounts? The deduction for tax, duty etc. is allowable u/s. 43B of the Income Tax Act, 1961 on payment basis before incurring the liability to pay such amount. 2.Whether Modvat Credit available to the assessee as on the last day of the previous year amounts to payment of Central Excise duty u/s. 43B?

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