S. 35 : Scientific research – Revenue expenditure incurred on in-house research and development facility, which was duly approved by competent authority . [ S. 35(1)(iv),35(2AB) ]
S. 35 : Scientific research – Revenue expenditure incurred on in-house research and development facility, which was duly approved by competent authority . [ S. 35(1)(iv),35(2AB) ]
S.32 : Depreciation- Trade mark – Depreciation cannot be rejected on ground that agreement to acquire trademark was entered into on post dated stamp paper. [ S.147 ,148 ]
S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed more than exempt income .[ R.8D ]
S.2(24)(iv):Income- The value of benefit or perquisite- Success fee paid by company Tirumala Milk products Pvt Ltd to Barclays Bank could not be treated as perquisites . [ S.48(1) ]
S. 145: Method of accounting -Project Completion Method-Percentage Completion Method- Project completion method is held to be valid- Deletion of addition in respect of advance received from customers is held to be valid . [ S.145(3) ]
S. 260A : Appeal – High Court – Condonation of delay – Reasonable Cause – Affidavit -Delay of 1754 days- No knowledge of passing of order which was stated in the affidavit- Contents of the affidavit was not disputed by the respondent – Delay was condoned – Matters are restored to the file of High Court to decide the appeals on merit in accordance with law. [ S.260A(2A) ]
S. 253 : Appellate Tribunal – Powers-Delay of 571days- Mistake of counsel may be taken in to account in condonation of delay. [ S..253(1), 254(1), Limitation Act , 1963 , S.3, 5 ]
Advocates Act 1961
S.35: Punishment of advocates for misconduct – Appeal -Delay – Delay of 20 long years in filing second appeal could not be condoned on mere ground that counsel, who was representing appellant, did not inform her about outcome of litigation before lower authority- Cost of Rs 1000 was directed to be paid to the High Court Legal Services -Sub -Commit tee , Nagpur .
S. 271(1)(c) : Penalty – Concealment – Constitutional validity -Provision cannot be regarded as ultra vires of Constitution – Convention for Avoidance of Double Taxation between Union of India and other Sovereign Countries – DTAA -India – Japan .[S.90 , Art. 23, Art .226 ]
S. 268A : Appeal – Monetary limit- Audit objection- Reassessment – Assessment which was reopened on basis of audit objection- Revenue’s appeal would be covered by exception mentioned in Circular No. 3/2018 dated 11-7-2018 ( 2018) 405 ITR 29 (St) – Dismissal of appeal on ground of low tax effect is held to be not justified . [ S. 40A(3) , 148 ,254(1) ]