Section 28

Section 28, Income Tax Case Laws

Rajasthan H.C : the learned ITAT has erred in law in confirming the order of CIT(A) in considering the division of the huge chunk of 10-11 bigha agricultural land into smaller portions of agricultural land for easy viability and sale as income from business and profession instead of income under the head capital gains, even when the appellant had inherited the land from his forefathers and had no intention or a previous track record of being into the business of purchase and sale of properties

High Court Of Rajasthan Mahaveer Yadav vs. ITO Section 28 Mohammad Rafiq & Goverdhan Bardhar, JJ. D.B. Income Tax Appeal

Sec. 245Q, Sec. 2(24), Sec. 2(24)(iii), Sec. 28(iii)

AAR : The representative/liaison office (LO) proposed to be established by IZA in India would be liable to income-tax in India under the provisions of the Act or the provisions of Double Taxation Avoidance agreement between India and Belgium (‘India -Belgium DTAA’’)

Authority Of Advance Rulings International Zinc Association In Re Section 245Q(1), 28(iii), 2(24)(iii) R.S. Shukla, In-Chargechairman & Ashutosh Chandra, Member

Sec. 143(2), Sec. 32(1)(iia), Section 28, Section 37

Bombay H.C : The Hon’ble ITAT is right in deleting the addition of Rs.1,53,313 on account of disallowance of excess claim of depreciation @60% as against 15% on UPS at par with the depreciation rate on computers when UPS are electrical equipments as held in the decision of Hon’ble Delhi Bench of ITAT in Nestle India Ltd. v DCIT (2007) 111 TTJ (Del) 0498

High Court Of Bombay (Goa Bench) Pr.CIT vs. Sesa Resources Ltd. Section 143(2), 32(iia), 28, 37 G.S. Patel & Nutan

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