S.69: Unexplained Investments — Unexplained Cash — Construction of building –Withdrawal from bank and redeposit-Explanation was not satisfactory- Addition as unexplained investments is held to be justified .[ S.69A ]
S.69: Unexplained Investments — Unexplained Cash — Construction of building –Withdrawal from bank and redeposit-Explanation was not satisfactory- Addition as unexplained investments is held to be justified .[ S.69A ]
S. 68 : Cash credits -Receipt towards payment for Contract cannot be assessed as unexplained cash-simply because notices could not be served upon the sub-contractor, the transactions could not be held non-genuine .
S. 68 : Cash credits – Share application money – Persons of insignificant means — Neither the creditworthiness of the creditors nor the genuineness of the transaction stood explained- Order of Tribunal up holding addition is confirmed .
S. 54 : Capital gains – Profit on sale of property used for residence -Construction of residential house – Cost of land is also form cost of residential house –Not necessary that same money from sale of residential asset must be used .[S. 45 ]
S. 48 : Capital gains – Property inherited under Will — Amount paid for discharge of encumbrances —Allowable as deduction .[ S. 45, 55 ]
S.40(a)(ia):Amounts not deductible – Deduction at source –
Payment of labour charges through labour contractor — No contract between assessee and sub-contractor — Not liable to deduct tax at source-No disallowance can be made .[ S.194C ]
S. 37(1) : Business expenditure –Capital or revenue- Business carried on leased premises – Expenditure on repairs and refurbishing is revenue expenditure — Expenditure on erecting structures —Matter remanded – The court also directed that since the lease deeds produced before the court were not registered the Deputy Commissioner was to impound the documents and refer them to the District Registrar for proper stamping and the assessee would also be obliged to register the deeds. [ S.32(1)]
S. 14A : Disallowance of expenditure – Exempt income –Investment in shares – Not from borrowed funds –No disallowance can be made. [S. 10(34), R.8D ]
S. 12A : Registration –Trust or institution- when there is no change in objects of Trust , registration cannot be cancelled on the ground that there was amendment in respect of appointment of chief trustees and manner of managing the trust .[ S.11, 12AA(3), 13 ]
S. 12A : Registration –Trust or institution- Cricket association holding commercial tournaments on behalf of Board of Control for cricket in India is entitle exemption . The court admitted the appeal on the question whether the Tribunal erred in holding that even after addition to the objects clauses of the assessee-trust made without intimation to the Department, the registration could not be ipso facto cancelled under section 12AA(3) on the ground that the registration granted under section 12A and the benefits flowing therefrom, could not continue after amending the objects without the approval of the competent authority. [ S.2(15) 12AA(3), 260A ]