S. 54F : Capital gains-Investment in a residential house-Purchase of flat-Mere fact that assessee was one of associated parties in said concern which was developing housing project, could not be a ground to deny benefit of deduction.[S. 45]
S. 54F : Capital gains-Investment in a residential house-Purchase of flat-Mere fact that assessee was one of associated parties in said concern which was developing housing project, could not be a ground to deny benefit of deduction.[S. 45]
S. 47(iv) : Capital gains-Transaction not regarded as transfer – Subsidiary –Parent company is not holding whole share capital of subsidiary – Capital gains on buy back is taxable. [S. 45 46A]
S. 45(2) : Capital gains-Conversion of a capital asset in to stock-in-trade–Year of taxability-Capital gains arising from such conversion was to be brought to tax when transfer/sale of such asset took place and not on date of converting capital asset into stock-in-trade. [S. 45]
S. 45 : Capital gains-Sale of assets used for research and development-Not eligible to claim short-term capital loss or long-term capital loss on sale of assets used for research and development activities for which deduction under S. 35 had already been allowed.[S.2(29A), 2(29B), 2(42B), 35]
S. 44AD : Presumptive taxation-Trader in medicine-Undisclosed cash credits–Bank account-Addition is held to be not justified. [S. 68, 69A, 115BBE]
S. 43(6) : Written down value-WDV of building had been revised on account of disallowance of depreciation in past years-Depreciation on such higher revised opening WDV of building was to be allowed. [S. 32]
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Disallowance is applicable not only on payable amount but also on paid amount and under both circumstances TDS should be deducted-If payee had accounted for commission as his income and had shown it in his return of income and also paid tax thereon, then no disallowance could be made. [S. 201]
S. 37(1) : Business expenditure-Management supervision charges-Allowable as business expenditure.
S. 36(1)(vii) : Bad debt–Advance to subsidiary–Interest income was offered as income–Failure to repay the advances-Allowable as bad debts. [S. 28(i), 36(2), 37(1)]
S. 36(1)(iii) : Interest on borrowed capital–Sufficient interest free funds-Interest free advances-Advance of loan to related parties– Matter remanded back for disposal afresh.