S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Cash credits-Liabilities doubted-Cannot be taxed u/s. 41(1) [S.68]
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Cash credits-Liabilities doubted-Cannot be taxed u/s. 41(1) [S.68]
S. 37(1) : Business expenditure–Capital or revenue-Amount forfeited by seller upon failure to pay full instalments within stipulated time period would be capital expenditure.[S. 28(i)]
S. 35 : Scientific research–Weighted deduction-Research and Development-Expenditure on development of “Research and Development’ facility was allowable even though approval of concerned Ministry of Central Government was under consideration or awaited. [S. 35(2AB)]
S. 32 : Depreciation-Intangible asset-Non-compete fee-The expression “or any other business or commercial rights of similar nature” used in Explanation 3 to sub-section 32(1)(ii) is wide enough to include non-compete rights–Eligible for depreciation. [S.32(i(ii)]
S. 32 : Depreciation-Unabsorbed depreciation-Carry forward and set off-Eligible and for carry forward and set off against business profits. [S. 32(2)]
S. 32 : Depreciation-Additional depreciation-Revision of orders prejudicial to revenue-Tribunal allowed assessee’s claim for additional depreciation by following order of jurisdictional High Court – Revision is held to be not valid. [S. 263]
S. 28(i) : Business loss-Future and options loss-Client code modification- Repetitive client code modifications-Client code modifications are tainted with collusive action and manipulation– Loss is held to be bogus–Not allowable as business loss- Reassessment is also upheld. [S.133(6), 147, 148]
S. 15 : Salaries–Provision made by a company for payment of managerial remuneration- Liable to be assessed as salary.
S. 10(22) : Educational institution-Property was purchased in name of Secretary and Manager of Society for running a school- Profits of institution was being used for self aggrandizement-Denial of exemption is held to be justified. [S. 12AA]
S. 5 : Scope of total income–Accrual-Demurrage charges–Mercantile system of accounting. [S. 145]