S. 45 : Capital gains-Retirement-Firm-Excess of amount due-Goodwill-No discussion in the judgement-Matter remanded to the High court for reconsideration.
S. 45 : Capital gains-Retirement-Firm-Excess of amount due-Goodwill-No discussion in the judgement-Matter remanded to the High court for reconsideration.
S. 43B : Deductions on actual payment-Electricity duty-A Licensee-An agency to collect electricity duty from consumers and to pay it to State Government-Disallowance not attracted-SLP of Revenue is dismissed. [Art. 136]
S. 37(1) : Business expenditure-Provision for warranty-Depreciation on intellectual property. [S. 32, 145(2), 260A]
S. 37(1) : Business expenditure-Capital or revenue-Contingent-Ascertained expenditure-Premium payment on redemption of shares which has been quantified-Allowable as revenue expenditure-Duty of Tribunal to give finding based on facts. [S. 254(1)]
S. 37(1) : Business expenditure-Business loss-Unexplained investments-Search-Unaccounted silver-Penalty or confiscation-Loss on account of confiscation-Not allowable as business loss. [S. 28(i), 37(1), Expln. 69A, 115BBE]
S. 37(1) : Business expenditure-Lease of assets-Lease rent assessed as business income in the assessment of lessor-lease rent should be allowed as deduction-Revenue cannot contend that the assessee is the owner. [S. 32, Art. 132]
S. 37(1) : Business expenditure-Final difference in rate paid at end of accounting year-Allowable as deduction. [S. 145]
S. 37(1) : Business expenditure-Capital or revenue-Expenditure on replacement of remembraning in membrane cell plant-No material to show membrane itself could be treated as separate and independent machine-Revenue expenditure.
S. 36(1)(vii) :Bad debt-Amounts written off-Agreements with sister concern for take over and assignment of certain book debts-Order of tribunal allowing the bad debt is affirmed.[S. 36(2), 260A]
S. 36(1)(vii) : Bad debt-Money lending business-Debts taken over from sister concern-Allowed as deduction-SLP of Revenue dismissed. [S. 36(2), Art, 136]