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Judiciary

Taxability as perquisite of Transport facility provided to an employee from his residence to office and vice- versa

September 7, 2009 7402 Views 0 comment Print

Section 10 provides for the incomes which do not form part of total income, and cl.[i] of sub-sec.[14] of sec. 10 provides that any such special allowance or benefit, not being in the nature of a perquisite within the meaning of clause [2] of sec. 17, specifically granted to meet expenses wholly, necessarily and exclusively incurred in the performance of the duties of an office or employment of profit, to t

For proving a gift to be genuine Assessee need to prove existence of natural love and affection

September 7, 2009 1126 Views 0 comment Print

he letter-cum-certific ate issued by the donors were undated, letter given by Shri Habib-ur Rehman was signed by his wife, the details about the bank account were either not filled in the letters sent by the donors or the numbers of bank account given were incorrect, signatures of Smt Badrun-nisan Hanfi as given on the letter and -as signed on the cheque did not match

Allowability of deduction u/s 33AC to the Assessee using ships/barges owned by the third party

September 7, 2009 7851 Views 1 comment Print

The ownership issue was discussed in the assessment order and in his opinion the deduction u/s 33AC is allowed keeping the intention of generating the internal resources to augment their fleet and the contents of Circular of the Board dated 13-2-1990 is the basis for the same. On the contrary, the impugned order does not refer to this issue.

In order to have a charity, you must have a source of income

September 3, 2009 601 Views 0 comment Print

ICAI won the Income Tax Exemption Case in the High Court – Scope of the term “Charitable Purpose” defined by the High Court – In order to have a charity, you must have a source of income – Section 10(23C)(iv) September 2, 2009. Director General of Income Tax (Exemption) has denied the exemption to Institute of Chartered Accountants of India (ICAI)

Provision of Electricity – Whether sale of goods or supply of service ?

September 3, 2009 16836 Views 0 comment Print

As the principal arguments have been advanced in Civil Appeal No. 1879/2003, we take up the facts of that appeal which are thus, briefly put. M/s. Ashok Iron Works Private Limited (for short, ‘the company’) is a Private Limited Company and engaged in the activity of manufacture of iron products. The company applied for the supply of electrical energy (2500 KVA)

DEPB and Duty Drawback are not eligible for deduction u/s 80-IB

September 3, 2009 1718 Views 0 comment Print

(1) The Act broadly provides for two types of tax incentives, namely, investment linked incentives and profit linked incentives. Ch VI-A essentially belongs to the category of “profit linked incentives” (2) When ss. 80-IA/80-IB refer to profits derived from eligible business, it is not the ownership of that business which attracts the incentives but the generation of profits (operational profits)

Trade advance given to give effect to a commercial transaction can not be treated as deemed dividend

September 2, 2009 5257 Views 0 comment Print

1. This is an appeal preferred by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the „Act‟) against the judgment dated 09.03.2007 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the „Tribunal‟) in ITA No. 4125/Del/1999 in respect of assessment year 1996-97. The Revenue is aggrieved by virtue of the fact that by the impugned judgment

Replacement expenditure is neither current repairs nor revenue

September 2, 2009 2401 Views 0 comment Print

The assessee incurred expenditure on replacement of machinery in a textile mill and claimed the same as revenue expenditure on the ground that it was merely for replacement of spare parts in the spinning mill system and did not give rise to a new asset. In the books, the expenditure was capitalized. The CIT (A), ITAT and High Court decided in favour of the assessee

Section 55A of the Income-tax Act, 1961 related Capital gains and Reference to Valuation Officer

September 2, 2009 8284 Views 2 comments Print

In the instant case, the assessee had claimed the value of property as per the registered valuer’s report. Therefore, under clause (a) of section 55A, the Assessing Officer was required to form an opinion that the value claimed by the assessee as per the registered valuer’s report was less than the fair market value. The estimated value proposed by the DVO

Asset declarations by Supreme Court judges is within purview of RTI

September 2, 2009 792 Views 0 comment Print

Upholding the Central Information Commission (CIC) order that office of the Chief Justice of India (CJI) is well within the ambit of the Right to Information (RTI) Act, the Delhi High Court Wednesday ruled that judges should declare their assets. In a historical judgement, Justice S. Ravindra Bhat said judges are accountable but they are also subject to some constraints.

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