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section 43

Latest Articles


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 1983 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 191256 Views 8 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 1557 Views 0 comment Print

Preference Share Capital And Preference Capital

Company Law : Learn the distinction between preference share capital and preference capital with detailed explanations and examples, exploring t...

March 9, 2023 2883 Views 0 comment Print

Delayed employees PF remittance -Power to disallow u/s 143(1)- Effect of SC decision

Income Tax : Delayed employees PF remittance Supreme Court decision in Checkmate Services - Under s.143(1), power to disallow. Tribunal decisio...

December 21, 2022 3870 Views 1 comment Print


Latest Judiciary


Exemption u/s 10(38) admissible even if STT not paid on shares acquired on or after 01.10.2004: ITAT Mumbai

Income Tax : ITAT Mumbai held that since the shares were acquired on or after 01.10.2004, the assessee would be entitled to claim exemption of ...

July 31, 2024 828 Views 0 comment Print

Transfer by Corporate Debtor resulting into value enhancement outside ambit of section 43 of IBC: NCLT Mumbai

Corporate Law : ITAT Delhi held that written off of obsolete inventory allowable as prepared in accordance with accounting standards and duly got ...

July 24, 2024 207 Views 0 comment Print

NCLT admits CIRP of Richfeel Health & Beauty Pvt Ltd

Corporate Law : Explore the detailed analysis of Mayur Rajendra Kumar Popat Vs Rajul Mehta & Ors. case from NCLT Mumbai. Learn about the resolutio...

July 2, 2024 354 Views 0 comment Print

Section 44BB does not override provisions related to PE or DTAA benefits

Income Tax : Read the detailed analysis of Computer Modelling Group Ltd. vs. ACIT (ITAT Delhi) regarding interest leviable from the assessee fo...

May 9, 2024 309 Views 0 comment Print

NCLT accepts Resolution Plan of V Hotels Ltd.: Meeting IBC Code & CIRP Regulations

Corporate Law : Resolution Plan met the requirements of Section 30(2) of the Code and the Regulations 37, 38, 38(1A) and 39(4) of the CIRP Regulat...

May 9, 2024 402 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 12972 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 817 Views 0 comment Print


Analysis of Cash Payments under section 40A(3) and 43(1)

July 23, 2022 19260 Views 0 comment Print

Unravel the complexities of Cash Payments under sections 40A(3) and 43(1) of the Income Tax Act, 1961. Dive into the implications of exceeding Rs.10,000 cash payments for revenue expenditures and acquisition of fixed assets. Understand the nuances of disallowance and actual cost determination. Explore real-life examples to grasp the intricate interpretations.

Currency derivative transactions are not speculative transaction- Section 43(5)

June 22, 2022 5592 Views 0 comment Print

Trading of currency derivatives are covered by definition of ‘derivatives’ and excluded from the ambits of speculative transactions defined under Section 43(5) of Income Tax Act, 1961.

F&O Turnover, Taxation, Audit & More

July 20, 2021 253887 Views 29 comments Print

Now a day Derivative Trading i.e. trading in future and options (F&O) on stocks, currencies, and commodities has become a hot topic amongst investors. Data suggest that during last two years during pandemics the trading in shares & derivative increased substantially. Unfortunately, most people have little knowledge about taxation & reposting of the same and […]

Foreign currency is not a commodity for Section 43(5) of Income Tax

April 19, 2021 1698 Views 0 comment Print

ACIT Vs M/s. Lifestyle International (P) Limited (ITAT Bangalore) The brief facts in relation to the above ground is that the assessee had imported certain trade merchandise from parties located outside Payments to such foreign vendors is required to be made in future on specified dates in foreign currency. The assessee had also obtained foreign […]

Disallowance of Depreciation | Section 43(1) | Cash Payment for Fixed Assets

November 23, 2020 106602 Views 1 comment Print

Disallowance of Depreciation section 43(1)) Disallowance of Depreciation where cash payment exceeding Rs. 10,000 is made for purchase of asset (Amendment to section 43(1)) Clause (1) of section 43 defines ‘actual cost’ for the purposes of claiming depreciation. The cost in acquisition of any asset or part thereof in respect of which a payment or […]

Depreciation cannot be claimed on Enhanced Value of second hand Windmill

September 25, 2020 2991 Views 0 comment Print

The issue under consideration is whether the actual purchase price of a second-hand asset can be ignored by purported recourse to Explanation 3 to Section 43(1) of the Income Tax Act, 1961?

Disallowance of depreciation & capital expenditure on cash payment

August 28, 2020 179175 Views 4 comments Print

Under the existing provisions of the Act, revenue expenditure incurred in cash exceeding certain monetary threshold is not allowable as per sub-section (3) of section 40A of the Act except in specified circumstances as referred to in Rule 6DD of the Income-tax Rules, 1962.

Assessment of Income from Transactions in Shares and Securities as Business Income

August 7, 2020 12300 Views 0 comment Print

Assessment of income from transaction in shares and securities under the Income-tax Act 1961 involves multiple issues. Such transactions give rise to income assessable under different heads of income e.g. business income, capital gain and income from other sources. This article is an attempt to discuss some major issues involved in assessment of such income under the head income from business. Speculative income, non-speculative income, trading, contract, derivatives, setting off losses 43(5), 10, 24(1), 24(2), 28, 73.

Income Tax Law Relating To Cash Transactions

July 9, 2020 21567 Views 3 comments Print

A number of new provisions have been introduced in the Income Tax Act from time to time to put restrictions on cash transactions as well as to incentivise the non-cash transactions. Cash transactions have always played a major role in the Indian Economy and consistently were responsible for generation and accumulation of Black Money. The […]

Restrictions on Cash Transactions under Income Tax Act, 1961

May 5, 2020 23052 Views 1 comment Print

In order to restrict cash transactions, the government has come out with several provisions and related rules to prohibit various types of cash payments in the Finance Acts. The effects of restrictions under provisions of income tax act are as follows: Restrict cash transactions by disallowances of expenses or deduction under chapter VIA of income […]

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