Income tax Act 1961

20th Apr, 2014

Transaction earnings in the usual course of business of trading in shares and securities and not for making static investments is stock-in-trade #indianlaws

Assessee was found to be deriving its income from dividends received from mutual funds and equity shares interest from investment of capital in partnership firm.  
2nd Apr, 2014

In case of illegal collection of tax, it is obligatory on the part of revenue to refund money with interest

The issue before the Apex Court was whether the revenue is legally responsible under Section 244A of the Income Tax Act, 1961 (Act) for payment of interest on the refund of tax made to the […]
27th Feb, 2014

Tax treatment of employees stock Option (ESOP)

Whether discount on issue of Employee Stock Options is allowable as deduction in computing the income under the head profits and gains in business
21st Feb, 2014

Power of the High Court to extend stay on recovery envisaged under Income Tax Act, 1961

The third proviso also does not bar or prohibit the Revenue or departmental representative from making a statement that they would not take coercive steps to recover the impugned demand
21st Feb, 2014

Partnership between two Hindu Undivided Families (HUF)

Issue relating to Registration of Partnership firm formed by two Hindu Undivided Families for the purposes of provisions of the Income Tax Act and conditions necessary in connection related thereto.
3rd Feb, 2014

Effecting recovery prior to expiry of time limit for filing appeal against order directing recovery- Whether permissible?

No recovery of tax is to be made unless the time limit for filing an appeal has expired or till the disposal of a stay application
29th Jan, 2014

Whether non-filing of Income Tax return are grounds for invocation of the provisions of Section 276CC of the Income Tax Act 1961?

Assessee has to file the return under Section 139(1) of the Act on or before the due date.
15th Jan, 2014

Undisclosed income assessed on the basis of loose sheets of papers

The Jharkhand High Court was seized of a matter wherein the Income Tax Department assessed the income of an assesses on the basis of entries on the loose sheet of papers
5th Jan, 2014

Whether Hospitals carrying out commercial activities fall under Section 1o(23C) (iiiae), Income Tax Act, 1961

It was clarified that a hospital or institution to fall within the sub clause must exist solely for philanthropic purposes and not for the purpose of profit
21st Nov, 2013

If right transferred is not copyright or the right to use copyright but a limited right to use the copyrighted material, it does not give rise to royalty income

Whether the consideration received by the Assessee on grant of licences for use of software is royalty within the meaning of Article 12(3) of the Double Taxation Avoidance Agreement between India and the United States […]
22nd Oct, 2013

Tax Appellatte Tribunal has no power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it for non-prosecution

Whether Income Tax Appellate Tribunal (ITAT) in exercise of Rule 24 of the Income Tax Appellate Tribunal Rules, 1963 (Tribunal Rules) can dismiss the appeal for non prosecution, and, second, interpreting Rule 24 of the […]
8th Oct, 2013

Income does not accrue in the year of export but in the year in which imports are made

The income accrues when there “arises a corresponding liability of the other party from whom the income becomes due to pay that amount