S. 68 : Cash credits-Search-Statement on oath-Share application money-Order of Tribunal deleting the addition was affirmed.[S. 131, 132, 260A]
S. 68 : Cash credits-Search-Statement on oath-Share application money-Order of Tribunal deleting the addition was affirmed.[S. 131, 132, 260A]
S. 68 : Cash credits-Failure to produce documentary evidence-Order of High Court affirmed-SLP of assessee dismissed.[Art. 136]
S. 56: Income from other sources-Search-Share premium-Since the Assessing Officer had not found any specific fault in rejecting or not being satisfied with the valuation made by the assessee, addition under section 56(2)(viib) was not justified. [S. 56(2)(viib), R.11UA]
S. 50B: Capital gains-Slump sale-Coca-Cola brand-Transfer of its entire bottling and marketing business as a going concern-Lump-sum basis-Revenue could not artificially fragment the transaction to tax portions thereof under different heads-Order of the Tribunal affirmed.[S.2(42C, 41(2), 260A]
S. 48: Capital gains-Mode of Computation-Amount paid for termination of agreement-No legal obligation to pay the amount-Disallowance was affirmed-Commission paid-No evidence was produced-Disallowance was affirmed.[S. 260A]
S. 45: Capital gains-Sale of undertaking as a going concern-capital receipt-If the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. [S.4, 28(ii), 260A]
S. 37(1): Business expenditure-Interest on agricultural income tax (AIT)-Not allowable as business expenditure.[S 10(1),40(a)(ii)]
S. 37(1): Business expenditure-Expenses towards charitable purposes-Order of High Court affirmed-SLP delay of 621 days-SLP of revenue was dismissed on account of delay as well as on merits. [Art. 136]
S. 28 (i) : Business income-Slump sale-Going concern-Compensation for termination of agreement-Licensing Agreement was on a principal-to-principal basis and held that consideration would not fall within Section 28(ii)(c)-Order of Tribunal affirmed.[S. 28(iic), 260A]
S. 14A: Disallowance of expenditure-Exempt income-Delay of 469 days-SLP dismissed on account of delay and also on merits. [R.8D, Art. 136]