S. 56 : Income from other sources-Valuation of shares-DCF method-NAV Method-Once the assessee has exercised an option, Assessing Officer is bound to follow same.[S. 56(2)(viib), R.11UA]
S. 56 : Income from other sources-Valuation of shares-DCF method-NAV Method-Once the assessee has exercised an option, Assessing Officer is bound to follow same.[S. 56(2)(viib), R.11UA]
S. 56 : Income from other sources-Fair market value-Unquoted equity shares-Valuation date-Value as on date on which assessee company receives property or consideration-Matter remanded. [S. 56(2)(viib), R. 11UA]
S. 54 : Capital gains-Profit on sale of property used for residence-Sale of immoveable property-Purchase of residential unit/ flat from a builder-Payment by instalments-Possession of flat was received within 3 years from sale of property-Agreement for sale of flat by builder is construed as agreement of construction-Possession is construed as completion of construction-Entitle to exemption. [S. 45]
S. 48 : Capital gains-Mode of Computation-Long term capital gains-Indexation-Cost of improvement-Failure to file necessary documents-Disallowance is affirmed.[S. 45]
S. 45 : Capital gains-Business income-Converted its stock-in-trade of shares into investment in shares-Profits arising from sale of such investment was to be taxed as capital gains, long-term or short-term and not as business income.[S. 28(i)]
S. 45 : Capital gains-Business income-Shares shown as investment in balance sheet and not as stock in trade-Period of holdings ranging from 3301 to 1352 days-Income from sale of securities is assessable as capital gains and not as business income.[S. 28(i)]
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Outstanding more than three years-Addition cannot be made-Order of CIT(A) is affirmed.
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Royalty-Fes for technical services-Transponder fee and uplinking charges-Payment was not made for right to use any industrial, commercial or scientific equipment-Payment would not fall within ambit of royalty-Not liable to deduct tax at source-DTAA-India-USA [S.9(1)(vi), 9(1)(vii), Art. 12]
S. 37(1) : Business expenditure-Capital or revenue-Land development expenditure is allowable as revenue expenditure.
S. 37(1) : Business expenditure-Penalty-Prior period expenses-Crystallized in year under consideration-Breach of contract-Can not be equated with offence, or something prohibited by law-Entitle to deduction. [Explanation to section 37, S. 145]