S. 68 : Cash credits- Burden to establish identity of creditors, genuineness of loan transaction and capacity of lender-Addition is held to be justified. [S. 260A]
S. 68 : Cash credits- Burden to establish identity of creditors, genuineness of loan transaction and capacity of lender-Addition is held to be justified. [S. 260A]
S. 68 : Cash credits- Block assessment- Matter remanded to the CIT (A) to consider unexplained cash credits . [S. 132, 143(3), 147, 158BA, 254(1)]
S. 64 : Clubbing of income-Minor child-Interest from firm-Accounting year ended on December 31, 1975-Income cannot be clubbed for the relevant year. [S. 64(1)(iii), 66, 256(1)]
S. 56 : Income from other sources-Individual-Natural living individuals-Donation received by discretionary Trust-Assessable as income from other sources. [S. 2(24)(xv), 2(31)(v), 56(2)(vii)]
S. 45 : Capital gains-Transfer of shares to subsidiary in Mauritius- Transfer of Shares from subsidiary to Private Equity Fund incorporated in Cayman Islands-Transactions are not genuine-High Court has the power to find out if transactions are genuine.
S. 45 : Capital gains-Agricultural land- Barren land-Sold to developer with in short period after purchase-Land not agricultural- Gains not exempt from tax. [S. 2(14)(iii), 10(1) Bombay Tenancy and Agricultural Lands Act, 1948, S. 63]
S. 44AD : Presumptive taxation-Individual partner of firm engaged in eligible business- Remuneration and interest could not be treated as gross receipts- Not entitled to benefit. [S. 28(v), 44AD(2)]
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits- Issue remanded to CIT(A). [S. 40(a)(ia), 254(1)]
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Purchase of intellectual property-Depreciation is not an expenditure-No disallowance can be made for failure to deduct tax at source . [S. 32, 37(1), 40(a)(ia)]
S. 37(1) : Business expenditure-Discount on employees Stock Option Plan-Allowable as deduction. [Companies Act, 1956, S. 2(15A)]