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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


State Bar Councils Can’t Charge Fees Above Prescribed Limit: SC

August 8, 2024 828 Views 0 comment Print

Supreme Court held that State Bar Councils (SBCs) cannot charge an enrolment fee or miscellaneous fees above the amount prescribed in Section 24(1)(f) of the Advocates Act, 1961.

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

August 1, 2024 2655 Views 0 comment Print

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

Invocation of section 28(iv) unjustifiable when shares are held as investment: ITAT Delhi

July 27, 2024 1089 Views 0 comment Print

ITAT Delhi held that when shares are held as investments, there will be no business income and accordingly provisions of section 28(iv) of the Income Tax Act cannot be invoked.

IC-Codecs are classifiable under CTH 8542 and are exempt from payment of customs duty: CESTAT Delhi

July 27, 2024 510 Views 0 comment Print

CESTAT Delhi held that goods imported are IC-Codecs and are classifiable under Customs Heading 8542 39 90 and hence are exempted from payment of customs duty leviable on goods imported into India.

Customs duty and interest payable even when confiscated goods are redeemed after payment of fine: Supreme Court

July 26, 2024 705 Views 0 comment Print

Supreme Court held that owner of the goods has liability to pay customs duty and interest even after confiscated goods are redeemed after payment of fine and other charges under section 125 of the Customs Act.

Challenge to a SCN Requires Lack of Jurisdiction or Insufficient Grounds

July 18, 2024 675 Views 0 comment Print

Explore the Madras High Courts judgment on Amg Sports challenging a customs notice. Detailed analysis on jurisdiction and limitations under Customs Act.

Income Tax Addition cannot Be based Solely on unsubstantiated Loose Slips

June 25, 2024 2127 Views 0 comment Print

The ITAT Bangalore ruled that income tax additions can’t be based solely on unsubstantiated loose slips, emphasizing the need for corroborative material evidence.

Section 154 Rectification Time Limit Begins Upon Assessee’s Receipt of Order

May 12, 2024 1827 Views 1 comment Print

ITAT held that time limit for filing rectification applications starts only when assessee is aware of order passed, not from date of order itself. Since there was no proof of intimation being served on assessee, time-barred argument by tax authorities was dismissed.

PCIT cannot assume revisional jurisdiction on debatable issue of Tax on Interest u/s 28 of land Acquisition Act

April 19, 2024 522 Views 0 comment Print

Analysis of Om Prakash Vs PCIT (ITAT Delhi) case reveals PCIT’s jurisdiction limitations on tax issues under Land Acquisition Act Section 28.

PCIT cannot assume revisional jurisdiction on debatable issue of Tax on Interest under land Acquisition Act

April 19, 2024 546 Views 0 comment Print

Explore the detailed analysis of Jai Parkash Vs PCIT (ITAT Delhi) case where the assessment jurisdiction dispute regarding interest received under section 28 of the Land Acquisition Act was resolved.

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