S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Matter remanded to the Assessing Officer-No question of law. [S. 158BC, 158BD, 254(1), 260A]
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Matter remanded to the Assessing Officer-No question of law. [S. 158BC, 158BD, 254(1), 260A]
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Fish or fish products-Order of Tribunal is affirmed. [R. 6DD(f)(iii)]
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Registration of truck Number-Transport contracts-Contract can be only with personnel or driver of Truck or Truck operators and not with trucks-Matter remanded. [S. 194C (2)]
S. 36(1)(vii) : Bad debt-Objective decision-Debt has became within short period of time not accepted by the Appellate Tribunal-Question of fact. [S. 158BC, 260A]
S. 32 : Depreciation-Unabsorbed depreciation-Carry forward and set off-Finance Act, 2001 and Circular No. 14 Of 2001(2001) 252 ITR 65 (St) (90)-Entitled to carry forward and set off depreciation loss of assessment year 1997-98 against income of assessment year 2006-07. [S. 32(2)]
S. 14A : Disallowance of expenditure-Exempt income-Assessing Officer not considering disallowance made voluntary by assessee-Matter remanded to the Tribunal. [S. 254(1), R. 8D]
S. 12AA : Procedure for registration-Trust or institution-Cancellation of registration-Alternative remedy by an appeal-Writ is not maintainable. [S. 12A, 264, Art. 226]
S. 11 : Property held for charitable purposes-Imparting education-Surplus in educational activities-Alleged excess remuneration to trustee employees-Revenue has no power to interfere-Exemption cannot be denied. [S. 2(15), 12A, 13]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Transferrer authorising transferee to use licensed software-No Transfer of Copyright-Amount received not assessable as royalty. Copyright Act, 1957, S.14(a), 14(b), 30, 52(1)(aa), Art. 226]
S. 4 : Charge of income-tax-Capital or revenue-Investment of funds before commencement of operation-Fixed deposits and mutual funds-Not revenue receipt. [S. 10(35), 28(i), 145]