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section 28

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Income Tax Provisions applicable to business entities

Income Tax : PGBP governs the computation of business and professional income. It defines chargeable income (Sec. 28, 41) including statutory a...

October 17, 2025 2859 Views 0 comment Print

GST on Commission: A Guide for Agents and Brokers

Goods and Services Tax : Learn about the scope of GST on commission income. Understand the invoice test, registration thresholds, and key rulings that clar...

September 8, 2025 5715 Views 1 comment Print

Consequences of Non-Compliance to TDS (Section 201)

Income Tax : Understand the penalties, interest, and disallowance of expenditure under Section 201 for failure to comply with TDS provisions in...

July 5, 2025 8043 Views 0 comment Print

Taxability of director remuneration: Salary or Business income

Income Tax : Understand whether director remuneration is taxed as salary or business income. Learn about tax implications, employer-employee re...

March 3, 2025 28458 Views 1 comment Print

Healthy Discussion on Sections 68 & 44AD by CA Micky and CA Mini

Income Tax : Explore the discussion between CA Micky and CA Mini on Sections 68 & 44AD of the Income Tax Act. Learn about unexplained cash cred...

August 1, 2024 2973 Views 0 comment Print


Latest Judiciary


Consistency Over Technicalities – ITAT Allows Actuarial Pension Provision & Rejects Mechanical Disallowances

Income Tax : Consistency over technicalities: ITAT Mumbai allowed actuarial pension provision as an ascertained liability, rejected mechanical ...

April 24, 2026 201 Views 0 comment Print

Extended Limitation u/s 73(1) proviso of Finance Act was not invokable without wilful suppression

Service Tax : Extended period of limitation could not be invoked in the absence of fraud, suppression or wilful misstatement with intent to evad...

April 23, 2026 156 Views 0 comment Print

Custodian Not Liable Under Customs Law for Absence of Seal Tampering Evidence

Custom Duty : The case addressed whether a custodian could be held liable for duty when container contents differed from declared goods. The Tri...

April 18, 2026 171 Views 0 comment Print

80P Deduction Allowed on Bank Interest – Bang ITAT Follows Karnataka HC, Distinguishes Totgars

Income Tax : ITAT Bangalore held that interest on bank deposits from operational funds of a co-operative credit society is eligible for deducti...

April 18, 2026 279 Views 0 comment Print

Section 271(1)(c) Penalty Upheld Due to Non-Bona Fide Claims & Failure to Disclose Income

Income Tax : The Tribunal held that omission of taxable foreign exchange gain in the return attracts penalty. It noted that disclosure during a...

April 10, 2026 153 Views 0 comment Print


Pre-Import Condition Cannot Be Applied Retrospectively to Advance Authorisation Imports

January 25, 2026 822 Views 0 comment Print

The Tribunal held that IGST demand based on alleged breach of pre-import condition was unsustainable where export obligations were fulfilled and EODCs were issued. Acceptance of EODCs and bond cancellation closed the exemption compliance.

Section 28 Interest Is Compensation, Not Income: Reassessment Set Aside

January 24, 2026 1350 Views 0 comment Print

The Tribunal held that interest under Section 28 is part of compensation and not taxable as other income. A reopening based on such misinterpretation was quashed for lack of valid belief.

Section 43B Relief Granted Because Evidence of Gratuity Payment Was Ignored

January 22, 2026 363 Views 0 comment Print

The decision underscores that ignoring audited disclosures, ledgers, and salary records violates principles of natural justice. Once actual payment is proved, gratuity deduction must be allowed.

Interest on Enhanced Compensation Taxable as Other Sources Income: ITAT Delhi

January 20, 2026 660 Views 0 comment Print

Interest received under Section 28 of the Land Acquisition Act was held outside the scope of Section 10(37). The Tribunal clarified that only compensation qualifies for exemption, not interest.

Bad debts u/s. 36(1)(vii) are to be allowed once offered as income in any year

January 19, 2026 555 Views 0 comment Print

ITAT Delhi held that disallowance of bad debts claimed as deduction under section 36(1)(vii) is not justifiable if offered as income in any year. Accordingly, AO directed to verify that amount for which bad debts have claimed u/s 36(1)(vii) were indeed offered as income for the said years.

Enhanced Land Compensation & Interest Taxable u/s 56(2)(viii) with 50% Section 57 Deduction

January 19, 2026 756 Views 0 comment Print

The Tribunal upheld taxation of enhanced compensation and interest under land acquisition after insertion of section 56(2)(viii). The ruling confirms that such receipts are taxable despite earlier judicial views.

Revenue Appeal Dismissed for Low Tax Effect as Higher Tax Rate Held Non-Retrospective

January 14, 2026 351 Views 0 comment Print

The Tribunal ruled that the enhanced tax rate under Section 115BBE cannot be applied retrospectively for demonetisation-period transactions. As the tax effect at normal rates fell below the monetary limit, the Revenue’s appeal was dismissed.

Assessment Quashed for Using Section 143(3) After Search Proceedings Began

January 13, 2026 495 Views 0 comment Print

The issue was whether a regular assessment could survive once section 153C was triggered for a non-searched person. The Tribunal ruled that pending scrutiny abates, making an assessment under section 143(3) void from inception.

DEPB Not Excludable from Gross Profit for Business Income; ITAT Deletes Addition

January 12, 2026 255 Views 0 comment Print

The Tribunal held that DEPB income forms part of operating export income and cannot be excluded from turnover merely on a different view. Revision under section 263 was found unjustified where the original assessment involved due application of mind.

Substitution of Shares on Amalgamation Not Automatically Business Income: SC

January 10, 2026 558 Views 0 comment Print

The issue was whether receipt of shares on amalgamation attracts tax when shares are held as stock-in-trade. The Court held such substitution can trigger business income under Section 28 if the shares are realisable, reinforcing the real income principle.

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