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section 28

Latest Articles


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 6966 Views 0 comment Print

Income Tax Provisions applicable to business entities

Income Tax : Explore provisions under the Income-tax Act for computing business income, including various chargeable incomes and accounting met...

September 2, 2024 1395 Views 0 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 2655 Views 0 comment Print

Understanding Section 43B(h) | Impact on MSME Payments

Income Tax : Understand the impact of Section 43B(h) on businesses: Learn about deductions for MSME payments and the importance of timely payme...

April 2, 2024 12249 Views 3 comments Print

Payment to MSMEs in 45/15 Days: Section 43B(h) Explained

Income Tax : Explore the impact of Finance Act, 2023, on MSME payment enforcement under section 43B(h) of the Income Tax Act, 1961. Understand ...

February 5, 2024 230520 Views 9 comments Print


Latest Judiciary


CBDT Circular Cannot Override Statutory Provisions by Prescribing Limitation Period Absent in Income Tax Act

Income Tax : The writ petitioner impugns the order dated 27 March 2018 in terms of which the respondent has come to reject applications filed b...

March 5, 2025 174 Views 0 comment Print

Duty payable when goods imported in SEZ are sold to DTA without being used for authorized operations

Custom Duty : CESTAT Delhi held that duty has to be paid when goods imported into an SEZ are not used for the authorised operations but are sold...

March 1, 2025 378 Views 0 comment Print

Customs officer not empowered to assess two or more shipping bills together

Custom Duty : Disha Realcon and SM Niryat had exported iron ore fines whose Fe content was below 58% under some Shipping Bills and iron ore fine...

February 21, 2025 330 Views 0 comment Print

Matter restored back to CIT(A) as ex-parte order passed violating principles of natural justice

Income Tax : ITAT Ahmedabad held that where Commissioner (Appeals) passed ex-parte order in violation of principles of natural justice, one mor...

February 18, 2025 372 Views 0 comment Print

Owner of car liable to pay customs duty on redemption even if they are not importer

Custom Duty : CESTAT Kolkata held that owner of the car is liable to pay customs duty on redemption of the confiscated vehicle/ car even if the ...

February 15, 2025 81 Views 0 comment Print


Officers of DRI entrusted to issue notice for recovery of duty u/s. 28 of Customs Act: Supreme Court

November 20, 2024 399 Views 0 comment Print

Supreme Court held that officers of DRI are entrusted with the functions of proper officer and thus has jurisdiction to issue show cause notices for recovery of duty under section 28 of the Customs Act, 1962.

Amount received in advance leviable to tax in the year of its collection: Madras HC

November 20, 2024 1851 Views 1 comment Print

The First Appellate authority further directed the assessing authority to reopen the assessment proceedings for the A.Y. 2010-11 and from 2012-13 onwards to disallow the set off of the claim of unabsorbed depreciation computed from 1998-99 onwards.

Application of cross-examination without filing of defence reply is not allowable: Madras HC

November 20, 2024 489 Views 0 comment Print

Madras High Court held that the entertaining an application for cross-examination of the witnesses, without any reply on merits by a notice in a show cause proceeding, is to be eschewed and should not to be allowed.

Industrial court erred in assuming jurisdiction to entertain complaint of unfair labour practice

November 4, 2024 543 Views 0 comment Print

Bombay High Court held that there is no employer-employee relationship prior to the year 2018 hence industrial court doesn’t have jurisdiction to entertain complaint of unfair labour practice. Thus, writ allowed.

Disallowance of Dividend Income was deleted as sec. 44 overrides sec.14A in computation of income for Insurance Companies

October 29, 2024 1050 Views 0 comment Print

Disallowance on dividend income claimed by ICICI Prudential Life Insurance was deleted as Section 44, being a non-obstante clause, overrides the provisions of Section 14A of the Income Tax Act, 1961, in computing income for life insurance companies.

SC held broken period interest on securities should be allowed as revenue expense

October 24, 2024 543 Views 0 comment Print

The securities were treated as stock­-in-­trade in the hands of assessee. The amount received by assessee on the sale of the securities was considered for computing its business income.

Proving debt become irrecoverable not required after 01.04.1989: ITAT Delhi

October 24, 2024 357 Views 0 comment Print

ITAT Delhi held that the assessee is not required to prove that a particular debt had become bad debt in order to claim deduction on account of bad debt written off pursuant to the amendment made u/s 36(1)(vii) of the Income Tax Act after 01.04.1989.

Retention of refund claim as amount deposited voluntarily is not justified in law: Delhi HC

October 23, 2024 456 Views 0 comment Print

Delhi High Court held that department cannot possibly seek to justify the retention of refund claim on account of its having been deposited voluntarily or being barred by limitation. Accordingly, refund claim allowed.

Reserve arising out of amalgamation is capital reserve and hence not taxable u/s. 28(iv): ITAT Mumbai

October 19, 2024 639 Views 0 comment Print

Held that reserve arising out of amalgamation is capital in nature and cannot be treated as revenue under the ambit of section 28(iv) of the Act. CIT (A) is correct in holding that capital reserve cannot be treated as an Income u/s 28(iv) of the Act.

Deduction u/s 80P(2)(a)(i) was allowable on interest income from surplus funds in Bank Deposits

October 17, 2024 834 Views 0 comment Print

Interest income from bank deposits is eligible for deduction under Section 80P(2)(a)(i) as the funds in the voluntary reserves which were utilized for investment by the co-operative banks were the funds generated from the banking business.

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