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section 43

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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 7509 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 1488 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 2301 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 244299 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 2055 Views 0 comment Print


Latest Judiciary


Provisioning for Asset Reconstruction Cost justified as AS 29 prescriptions qualified

Income Tax : Delhi High Court held that the provisioning for Asset Reconstruction Cost qualified the prescriptions of AS 29 and the assessee wa...

April 10, 2025 105 Views 0 comment Print

Payment of interest and penalty due to default in payment of license fee is revenue expenditure

Income Tax : ITAT Delhi held that interest and penalty due to default in payment of license fee is merely compensatory in nature and hence the ...

April 8, 2025 96 Views 0 comment Print

Subsidy received after commencement of cold chain facility is revenue receipt

Income Tax : The assessee is a limited company engaged in the business of Unit manufacturing homogenized and pasteurized milk and manufacturing...

April 7, 2025 255 Views 0 comment Print

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 93 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 333 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 13437 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 844 Views 0 comment Print


Section 43 of IBC not attracted where no transaction was made by Corporate Debtor: NCLAT Delhi

December 16, 2024 213 Views 0 comment Print

NCLAT Delhi held that provisions of section 43 of the Insolvency and Bankruptcy Code, 2016 (IBC) cannot be attracted where no transaction was made by the Corporate Debtor.

Second vehicle tax doesn’t apply when old vehicle sold prior to registration of new vehicle: Telangana HC

December 14, 2024 948 Views 0 comment Print

Telangana High Court held that second vehicle tax under the provisions of Telangana Motor Vehicles Taxation Act doesn’t apply since old vehicle was sold prior to permanent registration of new vehicle purchased.

Section 50C doesn’t applicable while calculating WDV for claiming depreciation on block of asset

December 10, 2024 573 Views 0 comment Print

ITAT Mumbai held that the deeming fiction of section 50C Income Tax Act cannot be extended while working out the written down value (WDV) for the purpose of claiming deprecation on the block of the asset. Thus, disallowance made is liable to be deleted.

Loss in derivative business is a business loss eligible to set off against business profit: Kerala HC

December 9, 2024 1413 Views 0 comment Print

Kerala High Court held that a loss in the derivative business is a business loss for the purposes of Section 72, and thus a set off of such business loss would have to be permitted against profits and gains of business.

Capital subsidy to be reduced while computing book profit u/s. 115JB: ITAT Nagpur

November 22, 2024 936 Views 0 comment Print

Held that the capital subsidy should be reduced for computation of book profit. Particularly in view of the excruciating fact that reduction of subsidy from written down value was accepted by the Assessing Officer and he did not tinker with the amount of depreciation claimed.

Disallowance of amount of employees’ share to ESI and PF after due date justifiable: ITAT Bangalore

November 19, 2024 834 Views 1 comment Print

ITAT Bangalore held that amount of employee’s share to ESI and PF paid after due date provide under the respective statutes is liable to be disallowed. Accordingly, matter referred back for limited purpose of verification of payment challans.

Income from AOP/BOI Included in Taxable Income; Post-Tax Share Not Subject to Re-Taxation

November 18, 2024 681 Views 0 comment Print

Aggrieved by the relief granted by CIT(A) to assessee, Revenue preferred Appeal before ITAT for the assessment years under consideration and against the deletion of additions made by AO. ITAT dismissed the appeal.

Look back period extension beyond 2 years for related party transaction u/s. 43 not allowed

October 24, 2024 543 Views 0 comment Print

Held that the outstanding being of more than 2 years prior to CIRP commencement date, the relief under Section 43 of the Code would not be available. In the circumstances we set aside the impugned order passed by Ld. NCLT, with liberty aforesaid.

Concession rate benefit u/s. 112 not available on short term capital gain computed u/s. 50: ITAT Mumbai

October 19, 2024 8226 Views 0 comment Print

ITAT Mumbai held that assessee is not entitled for concession rate of tax of 20% provided under section 112(1) of the Income Tax Act on the short term capital gain computed under section 50 of the Income Tax Act.

No applicability of sec. 115JB(2)(b) to Union Bank due to non-company status under Companies Act

September 20, 2024 630 Views 0 comment Print

Assessee-bank had calculated tax for the relevant assessment year based on both book profits under Section 115JB at Rs.604,86,39,540 and normal provisions at Rs.1153,29,54,493.

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