S. 37 (1): Business expenditure – Expenditure on temporary structure – Provision for deferred liability – Held to be allowable. [ S.115JB ]
S. 37 (1): Business expenditure – Expenditure on temporary structure – Provision for deferred liability – Held to be allowable. [ S.115JB ]
S. 35DDA : Amortisation of expenditure – Voluntary retirement scheme – Entitled to claim deduction only to extent of 1/5th only during impugned assessment year against aggregate payment. [ S.147 ]
S. 10A : Free trade zone – New Industrial undertaking – Advance pricing agreement – (APA) -As per saving clause contained in S. 92CD(2), if an assessee is otherwise entitled to deduction u/s 10A, or for that matter under any other provision of the Act, in respect of the income offered in the modified return, the same cannot be denied. [ S.92CD(1) ]
S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services –Permanent usage of the service envisages by the concept of make available services remains at the disposal of their service recipients- Liable to be assessed as as FTS both under the Income Tax Act and under the tax treaty as well – DTAA -India -USA [ Art . 12(2) ]
Code of Civil procedure Code, 1908 .
S.151: : Appeal- Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice. [ Rule 4 (2) , Order 3 ]
Interpretation of taxing statutes-Judgements to be read .
Art : 141:Precedent – The judgment must be read as a whole and the observations from the judgment have to be considered in the light of the questions which were before this Court- Reassessment [ Income -tax Act ,1961 ,S.147 , 148 ]
Interpretation of taxing statutes-Judgements to be read ..
Art : 141:Precedent – What is of the essence in a decision is its ratio and not every observation found therein nor what logically flows from the various observations made in the judgement- Observations of courts are neither to be read as Euclid’s Theorems nor as provisions of the statute and that too taken out of their context.
Indian Evidence Act , 1872 .
S. 92 : Documents- construction- Interpretation of document – A document must primarily be construed on the basis of the terms and conditions contained therein- It is also trite that while construing a document the court shall not apply any words which the author thereof did not use. [S.91 ,Indian Contract Act ,1872, S. 124 ]
Indian Succession Act, 1925
S.63:Requirement of a valid will – The attesting witness should speak not only about the testators signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator.
Indian Evidence Act 1872.
S.34: Books of Accounts – Entries in Loose papers – Incriminating materials seized in raids conducted on industries – Not maintained in the regular course of business – Not Admissible [Criminal Procedure Code (2 of 1974), S. 156 Income -tax Act 1961 S. 2(13) ].