S. 37(1) : Business expenditure-Fines-Penalty-Not compensatory in nature-Not allowable as deduction. [Kerala General Sales tax Act, 1963, S. 45A]
S. 37(1) : Business expenditure-Fines-Penalty-Not compensatory in nature-Not allowable as deduction. [Kerala General Sales tax Act, 1963, S. 45A]
S. 37(1) : Business expenditure-Capital or revenue-Leasing business-Foreign currency loan-Finance Indian enterprises in acquisition of Plant, Machinery and equipment-Enterprises In Acquisition of Plant, Machinery And Equipment-Loss due to fluctuation in foreign exchange rates-Allowable as revenue expenditure. [S. 32, R.115]
S. 37(1) : Business expenditure-Capital or revenue-Leasing business-Foreign currency loan-Finance Indian enterprises in acquisition of Plant, Machinery and equipment-Enterprises In Acquisition of Plant, Machinery And Equipment-Loss due to fluctuation in foreign exchange rates-Allowable as revenue expenditure. [S. 32, R.115]
S. 28(i) : Business income-Income from lease-Exploitation of property and not exploitation of business assets-Assessable as income from other sources-Quality loss-No business carried on-Not allowable as deduction. [S. 2(14), 56]
S. 13 : Denial of exemption-Trust or institution-Benefit of specified persons-Valuation of rent-Burden to prove inadequacy of rent is on Department-Rent received exceeded valuation adopted by Municipal Corporation for purpose of levying house tax-Merely relying upon the opinion as to rent from property broker firms and websites additions cannot be made-Order of Tribunal is affirmed-Res Judicata-Rule of consistency is followed. [S. 11, 12, 13(2)(b), 13(3)]
S. 11 : Property held for charitable purposes-Education-Dissemination of knowledge through Museum or Science Parks constitutes education-Entitled to exemption. [S. 2(15), Companies Act, 1956, S. 25]
S. 11 : Property held for charitable purposes-Method of accounting-Tribunal calling for information and affidavit filed in response by assessee-Affidavit not referred to by Tribunal or by High Court-Orders of Tribunal and High Court set aside and matters remitted to Tribunal for consideration afresh. [S. 254(1), 256(2), 260A]
S. 10B: Export oriented undertakings-Reconstruction-New unit formed in 1998 fully independent with higher production capacity, located at separate plot-New undertaking-Entitled to exemption.
S. 5 : Benami Transaction Limitation-Order passed within time limit-Delay in communication-Order not barred by limitation-Alternative remedy-Writ is not maintainable.[S.24(1),24(3), 24(5), 26(3), 26(7), 46, 114 Art, 226]
S. 191 : Tax paid under the Scheme shall not be refunded-Paid two instalments- Default in paying final instalment- Seeking extension of time to pay third instalment-Request rejected by High Court-Direction that assessee be given benefit of amounts deposited towards first two instalments while reckoning tax liability of assessee after revised assessment. [S. 183, 185, Art. 226]