S. 80IA : Industrial undertakings-Power generation units I and II constituted un undertaking-Entitled to deduction.
S. 80IA : Industrial undertakings-Power generation units I and II constituted un undertaking-Entitled to deduction.
S. 80IA : Industrial undertakings-Infrastructure development-On facts held to be not allowable-No substantial question of law. [S.260A]
S. 80HHC : Export business-Unabsorbed losses to be taken into account before computing deduction.
S. 80G : Donation-Renewal of approval-Question whether or not the income had been applied for charitable purpose cannot be looked while granting the renewal-Renewal of approval of the assessee-trust under section 80G of the Income-tax Act, 1961 was correct. [S. 11, 12, 80G(5)(ii)]
S. 56 : Income from other sources-Relative-Definition of reactive under two different Acts-Writ petition dismissed-Interpretation of taxing statute-Legislative function-Causus Omisus-Not created by interpretation. [S. 2(41), Art, 226, Maintenance and Welfare of parents and Senior Citizens Act, 2007, S. 2(g), 23]
S. 50C : Capital gains-Full value of consideration-Stamp valuation
Transfer of immovable property-If the guideline value was more than the value declared in the document, then the guideline value was relevant for payment of tax, and whether the assessee had received the amount was of no consequence. As long as a sale was effected the assessee was bound by section 50C of the Act. [S. 45, Art. 226]
S. 43B : Deductions on actual payment-Contribution of employees to provident fund and employees State Insurance-Delay in payment-Not allowable as deduction-Deductions allowable only if contributions paid within due date prescribed in statutes. 2(24)(x), 36(1)(va)]
S. 43A : Rate of exchange-Foreign currency-Foreign exchange fluctuation gain-Capital receipt-On actual realization to be adjusted against cost of asset.
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Turnover tax-Liberty to assessee to prove that no deduction claimed for earlier assessment years-Direction to Assessing Officer to rectify assessment order. [S. 43B, Art. 136]
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Remuneration to director-Shortfall in tax deduction at source-No disallowance can be made-Proper course of action is invoke section 201 of the Act. [S. 37(1), 40A(2)(b), 197(1), 201]