S. 68 : Cash credits-Unsecured loan-Furnished documents to prove identity, genuineness and credit worthiness of parties-Matter remanded back to the Assessing Officer for fresh consideration. [S. 143(3), Art. 226]
S. 68 : Cash credits-Unsecured loan-Furnished documents to prove identity, genuineness and credit worthiness of parties-Matter remanded back to the Assessing Officer for fresh consideration. [S. 143(3), Art. 226]
S. 54 : Capital gains-Profit on sale of property used for residence-Construction of house-Putting together a structure of plywood sheets could not be construed as constructing a residential house-Not entitle to exemption. [S.45, 260A]
S. 45 : Capital gains-Long term capital gains-Tenancy right is converted into owneership-Date of transfer-Consent term-Confirming party-Deed of confirmation or deed of consent term or registration-Matter remanded to the Tribunal for re adjudication. [S. 2(27), 50C, 254(1), 260A]
S. 45 : Capital gains-Business income-Sale of properties-Assessable as capital gains and not as business income-Rule of constancy followed. [S. 22, 28(i), 260A]
S. 43D : Public financial institutions-Section 43D read with Rule 6EB is a complete code-Directions issued by National Housing Bank (NHB) do not override section 43D in matter of computation of taxable income. [S.43D, R.6EB, Art.136]
S. 43B : Certain deductions only on actual payment-VAT, Entry Tax, CST-Not claimed as deduction-No disallowance can be made. [S. 139(1)]
S. 37(1) : Business expenditure-Creation of a reserve fund and transfer certain amount to such reserve as per section 45-IC of Reserve Bank of India Act, 1934-Not allowable as deduction. [S.115JB, Reserve Bank of India Act, 1934 S. 45-IC.]
S. 37(1) : Business expenditure-Securities held as stock in trade-Interest paid for broken period allowable as deduction-Rights issue of Fully Convertible Debentures (FCDs)-Expenditure on account of printing expenses, advertisement, professional fees, stamp duty and filing fees, bank charges, packages, etc-Allowable as deduction.
S. 37(1) : Business expenditure-Not shown any income from money lending business-No interest income-Expenditure is not allowable as deduction-SLP of assessee is dismissed. [S. 56, Art. 136]
S. 32 : Depreciation-Building-Building structure had been standing for 20 years and it was renovated and beautified for use as a conference hall-Only 10 per cent depreciation is allowable-Not a temporary structure-Delay of 344 days in filing SLP-Delay is not condoned. [Art. 136]