S. 37(1): Business expenditure-Licence fee-Use of goodwill-Travelling and entertainment expenses-Ad-hoc disallowance of 5 per cent-Provision for discount-Order of Tribunal deleting the disallowance is affirmed.[S. 260A]
S. 37(1): Business expenditure-Licence fee-Use of goodwill-Travelling and entertainment expenses-Ad-hoc disallowance of 5 per cent-Provision for discount-Order of Tribunal deleting the disallowance is affirmed.[S. 260A]
S. 37(1): Business expenditure-lease of plot-Long-term lease of 99 years-Development charges-Deduction allowable at 5% of contribution towards the development charges at the end of each year-Allowable as revenue expenditure.[S. 260A]
S. 35: Scientific research-Agreement was granted on 17-6-2009 from 1-4-2007-Order of the High Court affirming the disallowance is affirmed-SLP dismissed earlier and refiled once again by a delay of 1251 days is also dismissed. [S. 35(2AB), Art. 136]
S. 32 : Depreciation-Assets discarded-Entitle to depreciation-Order of Tribunal affirmed. [S. 260A]
S. 32 : Depreciation-lease of plot-Long-term lease of 99 years-Plot deposit-Depreciation not allowable. [S. 32(1)(ii), 260A]
S. 28(i): Business income-Income from other sources-Interest income on a loan given to staff-Matter remanded to the Assessing Officer-Order of Tribunal affirmed.[S. 56, 260A]
S. 12A : Registration-Trust or institution-Benefit of a particular religious community or caste, i.e., ‘Leuva Patel’ community-Provisions of section 13 could be invoked only at the time of assessment and not at the time of grant of registration-Remanded matter back to Commissioner (E) for reconsideration-Order of Tribunal affirmed. [S.12AB, 13, 260A]
S. 2(1A) : Agricultural income-Cultivation and sale of white button mushrooms-High court held that the assessee is not entitled to exemption-Notice was to be issued in SLP filed by assessee against the order of High Court. [S. 10(1)]
Interpretation of taxing statutes-Strict interpretation-Precedent-Judgment based on old, broader law cannot be used to interpret new, stricter provision.[S.36(1)(vii)]
Interpretation of taxing statues-Strict interpretation-Where words are plain and unambiguous, court bound to give effect to their plain meaning-Whether language is “plain and unambiguous” to be determined within context-Legislative intent-Crucial where language is ambiguous and capable of multiple constructions-Legislative purpose primarily to be gathered from specific words used by Legislature-Where language plain and unambiguous, court cannot read words into statute on notion that they would better serve legislative purpose-Aids to construction-Memorandum Explaining Provisions of Bill can be used to derive meaning of provision.[S.44C, 37 (1)]