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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 230553 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


Amount directed to be deposited with Corporate Debtor as transaction hit by Section 43 of IBC during CIRP

December 4, 2023 543 Views 0 comment Print

NCLT Ahmedabad held that before commencement of insolvency, the assets of the corporate debtor are stripped many a times by the management. The suspended management conceals the data from RP during CIRP process. Amount directed to be deposited with Corporate Debtor as the transaction is hit by provisions of section 43 of the Insolvency and Bankruptcy Code.

Right of person to enjoy property cannot be prevented alleging non-registration of document u/s 22A

November 6, 2023 3174 Views 0 comment Print

Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.

Shares/securities/PMS/Mutual fund held as investment taxable under capital gains

November 2, 2023 1080 Views 0 comment Print

ITAT Delhi held that income from sale of shares/securities/PMS/Mutual Funds, etc. which were held as investment and not as stock-in-trade is taxable under the head capital gains and not under the head business income.

Order rejecting GST refund for non-receipt of lease rental passed without considering contention remanded back

October 30, 2023 573 Views 0 comment Print

Delhi High Court concluded that Appellate Authority failed to consider the contention of the petitioner that there was no supply of service via-a-vis refund of GST. Accordingly, matter remanded to Appellate Authority.

Subsidy from Government under Focus Market Scheme is revenue receipt

October 25, 2023 1080 Views 0 comment Print

ITAT Chennai held that subsidy received from Government of India under the Focus Market Scheme is Revenue in nature. The same cannot be at any stretch of imagination considered as capital in nature.

Demand of sales tax sustained as discrepancies in sales figures and physical stock not explained

October 25, 2023 531 Views 0 comment Print

Delhi High Court held that as discrepancies in sales figures as well as physical stock not explained, the assessing authority took a fair view in enhancing sales by 10% of net GTO after deducting the stock transfer figure of GTO. Accordingly, levy of tax with interest confirmed.

ITAT Allows Depreciation for Textile Spinning Unit Acquired via Bank of Baroda Auction

October 25, 2023 375 Views 0 comment Print

In the Varadaraja Textiles case, ITAT Chennai ruled that depreciation is allowed for a textile spinning unit acquired through an auction sale, disputing the nil cost assessment.

Expenditure towards brand reminder, customer gifts, purchase of medical books and journals not allowable u/s 37(1)

October 12, 2023 876 Views 0 comment Print

ITAT Mumbai held that expenditure towards brand reminder, customer gifts, purchase of medical books and journals is not allowable expenditure u/s 37(1) of the Income Tax Act as such expenses are in the nature of free bees and prohibited.

Resolution plan approved by CoC cannot be interfered by Adjudicating Authority

September 29, 2023 972 Views 0 comment Print

NCLT Delhi held that resolution plan submitted by the Successful Resolution Applicant which was approved by CoC cannot be interfered by Adjudicating Authority. Adjudicating Authority is not empowered to analyse or evaluate commercial decision of CoC.

Benefit u/s 35(2AB) available on expenditure on clinical trials outside approved in-house R&D facility

September 23, 2023 3492 Views 0 comment Print

ITAT Mumbai held that the benefit under section 35(2AB) of the Income Tax Act is also available in respect of expenditure on clinical trials outside the approved in-house R&D facility.

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