S. 45 : Capital gains-Transfer of shares by a series of transactions-Assessee has the right to arrange matters legally to avoid tax Tribunal right in holding that the transactions are genuine. [S. 49(1)(e)(xiii)]
S. 45 : Capital gains-Transfer of shares by a series of transactions-Assessee has the right to arrange matters legally to avoid tax Tribunal right in holding that the transactions are genuine. [S. 49(1)(e)(xiii)]
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Tax deducted and interest not refunded-Cannot be assessed as cessation of liability. [S. 41 (1)(a)]
S. 37(1) : Business expenditure-Provision for warranty on scientific basis-Allowable as deduction-Payment of market support fee and transmission fee for smooth running of business-Allowable as revenue expenditure.
S. 37(1) : Business expenditure-Capital or revenue-Licence fee paid to Department of Telecommunications is allowable as revenue expenditure-Loan for revenue purposes-Fluctuation loss-Allowable in year of increase in rate-Question cannot be raised even without taking in the grounds raised before the High Court. [S. 260A]
S. 37(1) : Business expenditure-Setting up and commencement of business-lease deed executed-Business set up-Pre-Operative expenses allowable.
S. 36(1)(iii) : Interest on borrowed capital-Presumption that investment was made from interest-free funds-Disallowance of interest is held to be not justified-Expansion and Extension of business-Proviso to Section 36(1)(iii) applies only to extension of business-Proviso does not have retrospective operation-Res judicata is not applicable to income tax proceedings but principle of consistency must be followed.
S. 32 : Depreciation-Windmill-Generated a small amount of electricity-Entitle to depreciation.
S. 14A : Disallowance of expenditure-Exempt income-Only to the extent of expenses incurred in relation to exempt income [R.8D]
S. 14A : Disallowance of expenditure-Exempt income-Disallowance not to exceed exempt income. [R. 8D]
S. 14A : Sufficient interest free funds available-investment are presumed to be out of interest free funds-only those investments to be considered which yield exempt income for the purpose of calculation. [R. 8D(2)(ii)]