S. 147 : Reassessment – Cash deposits -Cash credits – Issue of notice mechanically without application of mind – Assessment is held to be bad in law [ S.68, 148 ]
S. 147 : Reassessment – Cash deposits -Cash credits – Issue of notice mechanically without application of mind – Assessment is held to be bad in law [ S.68, 148 ]
S.143(3): Assessment – Joint development – Share of profits paid to co -developer based on oral understanding can not disallowed as the recipient had offered it to tax and there being no revenue loss and the transaction was tax neutral [ S. 28(i) , 37 (1) ]
S.56: Income from other sources – Notional interest on security deposit from lessee- Cannot be taxed
S. 54 : Capital gains – Profit on sale of property used for residence -Exemption cannot be denied when the property was purchased in the name of spouse . [ S.45 , 54F ]
S. 54 : Capital gains – Profit on sale of property used for residence -Exemption cannot be denied when the property was purchased in the joint name of assessee and others [ S.45 , 54F ]
S.50CA: Capital gains- Full value of consideration for transfer of share other than quoted shares – Validity of Section 49, 50CA, 56 of Income-tax Act,1961 read with Rule 11U, 11UA etc challenged before Bombay High court. [ S. 49 56 , Rule 11U 11UA ]
S. 37(1) : Business expenditure –Wholly and exclusively – Salary paid to director- Held to be allowable though the payment made was voluntary .
S. 37(1) : Business expenditure – Service charges to employees- Held to be allowable as business expenditure – The Assessing Officer should not have used the expression “modus operandi” to mean that the assessee had adopted dubious tactics to inflate its expenditure.
S. 35 : Scientific research -Donation- When a valid registration exists while donation was given by the assessee and if at a later point of time such registration is cancelled with retrospective effect , no disallowance can be made [ S.35(1) (ii) ]
S. 10AA : Special economic zones – Profit of eligible unit should be allowed without set off of loss of other units [ S.72 ]