Section 28 – taxcaselaw.com

Delhi H.C : The petitioner has been denied approval under Section 35(1)(ii) of the Income tax Act 1961

High Court Of Delhi Manipal Academy Of Higher Education vs. Union Of India & Anr. S. Ravindra Bhat & Prateek Jalan, JJ. Section 10, 10(23C), 10(23C)(vi), 11, 12, 139(1), 28, 288(2), 35, 35(1), 35(1)(ii), 41, 43(4) W.P.(C) 9996/2015 8th April, 2019 Counsel Appeared: Ajay Vohra, Sr. Adv., Vikrant Pachnand, Adv. for the Petitioner.: Vikram Jetly, Adv. …

Madras H.C : The appellant was not entitled to the exemption under Section 10(23G) of the Income Tax Act in respect of the liquidated damages

High Court Of Madras Infrastructure Development Finance Co. Limited vs. Assistant Commissioner Of Income Tax Section 10, 10(23G), 28, 36, 36(1), 36(1)(vii)(c), 36(1)(viia)(c), 36(1)(viii), 36(i)(viiia)(c), 80IA(4), 80-IAB(3), 80-IB(10), 115JB, 115-O, 194A Asst. Year 2002-2003 Dr. Vineet Kothari & C.V. Karthikeyan, JJ. Tax Case Appeal No. 939 of 2008 1st March, 2019 Counsel Appeared: M/s. Farook I. …

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 No. 238/2018 13th August, 2018 Counsel appeared: Gunjan Pathak for the Petitioner. JUDGEMENT This appeal has been filed by assessee-Mahaveer Yadav challenging the order passed by the Income Tax Appellate Tribunal (for short-‘ITAT’) dated 27.02.2018 in …

Calcutta H.C : Payment of interest on delayed delivery of plot was not in the nature of interest as defined in Section 2(28A) of the Income Tax Act, 1961 and therefore, the provision of Section 40(a)(ia) of the Income Tax Act, 1961 was not applicable

High Court Of Calcutta Pr.CIT vs. West Bengal Housing Infrastructure Development Corporation Limited Section 2(28A), 40(a)(ia), 194A Asst. Year 2005-2006 Aniruddha Bose & Moushumi Bhattacharya, JJ. ITA No. 84 OF 2018 & 85 of 2018 9th August, 2018 Counsel Appeared: Animesh Kanti Ghosal, Sr. Adv P. Dudheria, Adv. for the Appellant.: J P. Khaitan, Sr. Adv. …

Kerala H.C : Whether the term ‘amounts payable’ as used in the relevant provision of law does take in employee’s contribution as well, or will it stand confined to employer’s contribution alone?

High Court Of Kerala Popular Vehicles & Services Pvt. Ltd. vs. CIT Section 36(1)(va) , 28, 2(24) Asst. Year 2008-09 K. Vinod Chandran & Ashok Menon, JJ. ITA No. 172 of 2016 2nd July, 2018 Counsel Appeared: M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Joson Manavalan, Kuryan Thomas, Raja Kannan Advs. for …

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 (Revenue) AAR No 1319 of 2012 24th May, 2018 Counsel Appeared: S P Singh, AR RishabhAgarwal, AR KeshavAgarwal, AR AmitPahwa, AR for the Applicant.: KavitaPandey, CIT (DR) VijayendraR, ACIT (DR) for the Department ASHUTOSH CHANDRA, MEMBER …

S.C : Whether the export house premium received by the assessee is includible in the “profits of the business” of the assessee while computing the deduction under Section 80HHC of the Income Tax Act, 1961?

Supreme Court Of India CIT vs. Carpet India Section 80HHC, 28 Asst. Year 2001-2002 R. K. Agrawal & Abhay Manohar Sapre, JJ. Civil Appeal No. 4590 OF 2018, 4601 OF 2018, 4602 OF 2018, 4591 OF 2018, 4597 OF 2018, 4599 OF 2018, 4592 27th April, 2018 R. K. AGRAWAL, J. Leave granted. The above batch …

Gujarat H.C : Interest on Special Purpose Notes was required to be disallowed when the said interest was in respect of the capital borrowed for the purposes of the business of the appellant

High Court Of Gujarat Nirma Ltd. vs. Assistant Commissioner Of Income Tax Section 36(1)(iii), 28 Asst. Year 1999-2000 Akil Kureshi & Biren Vaishnav, JJ. Tax Appeal No. 1219 of 2006 10th October, 2017 Counsel Appeared: SN Soparkar, Senior Counsel With Bandish S Soparkar, Swati Soparkar, Advocate for the Appellant(s).: Mihir Thakore, Senior Counsel With Manish Bhatt …

Delhi H.C : Where assessee-company was formed for purchasing and selling properties, earning of rental income by letting out properties owned by it was chargeable to tax under head ‘income from house property’ and not under head ‘Profits and gains of business’

High Court Of Delhi Commissioner of Wealth-tax vs. Atma Ram Properties (P.) Ltd. Section 22, 28(i) Assessment years 1984-85 to 1992-93 and 1997-98 to 1998-99 Muralidhar And Prathiba M. Singh, JJ. WT Appeal Nos. 16-18, 20-21, 25-28, 34 & 35 Of 2005 September Â 21, 2017Â Â JUDGMENT Dr. S. Muralidhar, J. Â – These are eleven appeals by …

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 D. Sardessai, JJ. Tax Appeal No. 57 OF 2016 16th August, 2017 Counsel Appeared: Susan Linhares, Advocate for the Petitioner.: SR Rivankar, Advocate for the Respondent G. S. PATEL, J. A. INTRODUCTORY 1. The appellant, the …

Category: Section 28