| Profit from regular trading in shares is business income, if earning dividend is not the main purpose IT : Where assessee was regularly purchasing and selling shares in more than 50 scrips and dividend income was quite negligible, profit earned formed business income |
| Processing on pullovers to make them finished one would amount to manufacture for section 80-I deduction IT: Substantial processing done by assessee on flat (knitted sides of pullovers) to convert same into finished pullover would amount to 'manufacture' for purpose of section 80-I |
| Sec. 43B items allowed as deduction on payment basis even if paid in advance IT : Assessee is entitled to benefit of deduction of tax/duty paid by him during previous year, though such tax/duty is payable in next year as per system of accounting followed by assessee |
| Reinvestment can be done in joint names to claim exemption under sec. 54F IT: Where assessee purchases new house after selling his land, he is entitled to claim full exemption u/s 54F, irrespective of fact that new house is registered in joint names of himself and his wife |
| ITAT lays down checks on expenditure to treat it as "current repairs" u/s 31(i) IT : ITAT lays down tests for deductibility of expenditure as "current repairs" u/s 31(i). |
| Section 40(a) disallowance for non-deduction of tax is not invited in case of trust income IT : Disallowances u/s 40(a) are not applicable to computation of income of charitable trust/institution u/s 11. |
| Club membership fees allowed prorated but max in 10 years, ITAT resorted to AS-26 IT: 'Where assessee-company pays Rs. 15 lakh for acquiring corporate membership of a club, such payment is to be allowed proportionately in 10 years in view of Accounting Standard - 26' |
| Boards meetings with inadequate quorum is oppression and mismanagement in affairs of company CL : A case of oppression and mismanagement was made out in affairs of respondent no. 1 company where a group of respondents-directors convened board meetings without adequate quorum and, they further committed irregularitie... |
| Notification would continue to have effect even if CBDT's power to issue it is taken away IT : Amendment taking away CBDT's powers to issue notifications does not impliedly revoke notifications issued earlier by CBDT |
| On payer's failure to deduct tax at source, NR liable to pay tax & not advance tax and thus interest u/s 234B not attracted IT : Failure of payer to deduct tax at source while making payment to non-resident results in liability of non-resident to pay income-tax in respect of such payments and not advance tax and, thus, in such a case, interest un... |
| Independent transporter supplying material on site is not sub-contractor, no TDS liability under sec. 194C(2) IT : Where assessee undertakes to construct roads as a sub-contractor and makes payments to transporters for bringing construction materials, on such payments no tax was deductible at source under section 194C(2) as transpor... |
| Beware Insurance Agents! Brokerage parted with relative-customers is disallowed as it is diversion of income IT : Where assessee received brokerage from various companies on account of investments made by various investors including his family members in mutual fund and out of total brokerage received it had made payment of certain... |
| Even trivial defaults and errors could end up in rejection of books of account IT : Books of account can be rejected either for default of 'incomplete books' or for 'inaccurate books' and triviality of default is no excuse as per provisions of section 145 |
| Whether reasons to be given for transfer of a case, SC's ruling in Ajantha Industries case is under scanner IT : Where Division Bench of Gujarat High Court dealing with an issue arising under section 127 had not followed law laid down by Supreme Court in case of Ajantha industries v. CBDT [1976] 102 ITR 281 and had taken a contrar... |
| Exchange of flat is an eligible Investment for sec. 54 exemption IT : Exchange of old flat for new flat to be constructed under development agreement qualifies as construction of new house for availing deduction u/s 54 |