Sponsored
    Follow Us:

section 43

Latest Articles


Taxation of Derivative and Futures & options (F&O) Transactions

Income Tax : Learn about taxation on derivatives and F&O transactions, their treatment as business income, audit requirements, and presumptive ...

September 17, 2024 7035 Views 0 comment Print

Bonafide Mistake: Still a Bonafide plea under Black Money Act?

Income Tax : Explore conflicting rulings on whether bonafide mistakes in disclosing foreign assets under the Black Money Act can avoid penaltie...

August 26, 2024 1371 Views 0 comment Print

Things to Keep in Mind While Disclosing Your F&O Income at the Time of Filing Taxes

Income Tax : F&O traders need to know how their profits are taxed. With the ITR return filing date approaching, it is imperative to know how st...

July 9, 2024 2265 Views 0 comment 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 230550 Views 9 comments Print

Analysing Bail Jurisprudence under PMLA: Unravelling Problematic Twin Conditions

Corporate Law : Explore complexities of PMLA bail conditions, their impact on accused, and constitutional concerns. A comprehensive analysis sheds...

January 6, 2024 2001 Views 0 comment Print


Latest Judiciary


Depreciation u/s. 32 is entitled only if asset is owned by assessee: ITAT Hyderabad

Income Tax : The assessee is into development and construction of a project. The case was selected for scrutiny and AO issued notices u/s 142(1...

February 8, 2025 63 Views 0 comment Print

Acquisition can not be claimed on basis of unregistered document: NCLAT

Corporate Law : It was the case of the appellant that he acquired rights from the respondent in pursuant to the agreement dated 07.09.2006. Proper...

January 22, 2025 273 Views 0 comment Print

Taxes payable as per State Motor Vehicle Act in case of Bharat Series [BH Series] registration

Corporate Law : The Central Government has the power to lay down the principles for taxation on mechanically propelled vehicles by the State. The ...

January 21, 2025 177 Views 0 comment Print

CIRP withdrawal without application filed by applicant who initiated CIRP not allowable: NCLAT Delhi

Corporate Law : On 21.04.2017, a Share Purchase Agreement was executed, wherein the erstwhile Directors sold their equity in favour of Accord Medi...

January 8, 2025 123 Views 0 comment Print

Refund of entire court fees granted as dispute resolve amicably u/s. 89 of CPC: Supreme Court

Corporate Law : Supreme Court held that refund of 100% court fees granted as the amount of court fees involved was not excessive and the dispute w...

January 2, 2025 129 Views 0 comment Print


Latest Notifications


CBDT notifies more modes of e-payments; 6DD limit reduced to ₹ 10000

Income Tax : Notification No. 8/2020-Income-Tax- CBDT has notified Other electronic modes by inserting New Income TAx Rule 6ABBA. It also amend...

January 29, 2020 13392 Views 0 comment Print

CBDT notifies Ace Derivatives and Commodity Exchange Ltd.’ for trading of commodity derivative U/s. 43(5)

Income Tax : Notification No. 15/2014-Income Tax entral Government hereby notifies the Ace Derivatives and Commodity Exchange Limited, Ahmedaba...

March 20, 2014 838 Views 0 comment Print


The depreciation cannot be taken as ‘notionally allowed’, but only as ‘actually allowed’

October 8, 2009 415 Views 0 comment Print

The effect of omission of section 34 and Rule 5AA and consequential amendment in section 32 by omitting reference to section 34 makes it clear that one cannot taken support from the decision of the Hon’ble Apex Court in the case of Mahendra Mills, supra, after the amendment. Section 43(6) of the Act which defines the term “Written Down Value” reads as under :-

Allowability of deduction U/s. 10B to company engaged in business of contract research and in providing of laboratory facility to its parent company in USA

October 8, 2009 690 Views 0 comment Print

Section 10B of the Income-tax Act, 1961 – Export oriented undertaking – Assessment year 2003-04 – Assessee-company was engaged in business of contract research and in providing of laboratory facility to its parent company in USA – It had claimed exemption under section 10B – Assessing Officer observed that assessee was not manufacturing or exporting anything, as it was simply providing services of laboratory

In mercantile method of accounting allowability of expenditure depend on liability to pay

September 28, 2009 1120 Views 0 comment Print

So far as the contention with regard to the disallowing the claim on the expenditure incurred on the purchase of two machineries is concerned, the counsel for the Revenue has urged that though with respect to the first machinery an advance payment was made within the Assessment year, with respect to the second machinery no payment at all was made.

Derivatives in which underlying asset is shares, will fall within the meaning of ‘commodity’ used in Sec. 43(5) of the Act

September 25, 2009 970 Views 0 comment Print

Speculative transaction is a transaction in which contract for purchase and sale of any commodity is settled otherwise than by actual delivery. It is not in dispute that in the case of transaction in derivatives, the transaction is always settled otherwise than by actual delivery.

If part of company business is deal in shares then all types of transactions, whether delivery based or non-delivery based, will be treated as speculative transactions

August 24, 2009 933 Views 0 comment Print

Admittedly, the assessee company was dealing in Cement and also engaged in the business of dealing in shares. There is no dispute over the fact that the assessee had taken delivery of shares before selling them. The assessee company had claimed set off of unabsorbed speculation loss relating to assessment year 1995-96 and 1997-98 carried forward in the current assessment year 2003-04.

Voluntary retirement compensation and chargeability to tax if payment is stretched over a period of years

June 16, 2009 1375 Views 0 comment Print

Benefit in lieu of salary payable to an employee opting for voluntary retirement is exempted from being charged to tax to the extent of Rs. 5 lakhs by reason of section 10(10C); even if the payment is stretched over a period of years, the same would not become chargeable to tax in any subsequent assessment year

Even if Income is exempt Assessee need to adjust written down value of fixed Assets with depreciation as per Income tax Act, 1961

April 2, 2009 1111 Views 0 comment Print

Some persons were exempt from tax and, therefore, not required to compute their income under the head “profits and gains of business or profession”. Upon withdrawal of exemption, such persons became liable to income-tax and hence were required to compute their income for income-tax purposes. In this context, dispute has arisen regarding the basis for allowing depreciation

Income Tax – No physical delivery of shares – Share trading loss is speculative loss – ITAT

February 1, 2008 507 Views 0 comment Print

THE Assessing Officer during the course of assessment proceedings observed that the assessee has claimed share trading loss of Rs.7,91,263/ -. From the various bills furnished by the assessee including the brokers notes, the Assessing Officer observed that the assessee has not taken physical delivery of shares purchased but only paid margin money. Since actual delivery of shares were not taken by the assessee the Assessing Officer treated the transactions as speculative transactions within the meaning of provisions of section 43(5) and treated the loss claimed by the assessee as speculative loss and allowed to be carried forward as per law.

Sponsored
Sponsored
Search Post by Date
March 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
24252627282930
31