S. 5 : Scope of total income – Income – Accrual – Interest – Interest on Inter-Corporate Deposits ( ICDs) which had become non performing asset ( NPA) in terms of prudential norms by RBI , having not accrued not assessable on “accrual” basis, in the hands of non -banking financial company [ S. 145 ]
S.5: Scope of total income – Income chargeable to tax- Double taxation – Where the assessee has paid the income- tax at source in the State of Sikkim as per the law applicable at the relevant time in Sikkim, the same income was not taxable under the IT Act, 1961-.In a case of reasonable doubt, the construction most beneficial to the taxpayer is to be adopted [ S.4 ,80TT,256(1), Sikkim State Income Tax Rules, 1948, Art. 371F ]
S. 4: Income chargeable to tax- Share application money- The Interest accrued from share application money has statutorily required to be kept in separate account and was being adjusted towards the cost of raising share capital against public issue expenses . [ S. 56, 145 ]
S.4: Income chargeable to tax – Diversion of income by overriding title- Acted only broker -For determination of taxable income , written agreement is not relevant, conduct of parties can be considered accordingly only income that has actually accrued to the assessee is taxable. [ S. 5,145 ]
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-DTAA-India & Belgium–Issuing gradation certificate, the payment cannot be characterize as fees for technical services, not liable to deduct tax at source-DTAA-India- Belgium [S. 9(1)(vii], Art.
12,13]
S. 4 :Charge of income-tax – Capital or revenue- Sales tax subsidy is a capital receipt. [ S. 264 ]
S. 4 : Charge of income-tax -VAT subsidy -Refund of value added tax was held to be capital receipt and not chargeable to tax . [ S. 2(24)(xviii) , 43(1) ]
S. 4 : Charge of income-tax -Accrual – Interest on project advance –Development agreement has not taken place as the interest has not accrued, income cannot be assessed on hypothetical basis [ S.145 ]
S. 4 : Charge of income-tax – Capital or revenue- Notional sales tax – Question of law [ S. 260A ]
S. 4 : Charge of income-tax –Capital or revenue – Causal and non –recurring- Capital gains- Compensation paid for breach of contract was held to be capital in nature [ S. 2(24), 10(33) 45. 55(2)(a) ]