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5 results for “capital gains”+ Section 43Bclear

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Key Topics

Section 408Section 43B7Section 80H7Section 36(1)(vii)4Deduction4Section 37(1)2Section 36(1)(iii)2Section 143(2)2

M.M. AQUA TECHNOLOGIES LTD. vs. COMMISSIONER OF INCOME TAX, DELHI - III

Appeals are allowed in the aforesaid terms

C.A. No.-004742-004743 - 2021Supreme Court11 Aug 2021

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Section 43B

43B by not actually paying interest but converting interest into a fresh loan, bona fide transactions of actual payments are not meant to be affected. In similar circumstances, in K.P. Varghese v. ITO, (1981) 4 SCC 173, this Court construed Section 52 of the Income Tax Act as applying only to cases where ‘understatement’ is be found – an ‘understatement

M/S. SOUTHERN TECHNOLOGIES LTD. vs. JOINT COMMNR. OF INCOME TAX, COIMBATORE

C.A. No.-001337-001337 - 2003Supreme Court11 Jan 2010
Section 145Section 2(24)
Section 36(1)(vii)
Section 37
Section 37(1)

gains, etc. which items are all credited to P&L Account, but, which are exempted under the IT Act would become taxable income which is not the intention of Section 45Q of the IT Act. That, the said 1998 Directions cannot be taken as an excuse by the NBFC to compute lower taxable income under

COMMISSIONER OF INCOME TAX, COIMBATORE vs. M/S. LAKSHMI MACHINE WORKS

C.A. No.-004409-004409 - 2005Supreme Court25 Apr 2007
For Respondent: M/s. Lakshmi Machine Works
Section 143(1)(a)Section 143(2)Section 80H

gains of business of profession: Rs. Net profit as P & L account Add: Amount not deductible by virtue of secs.40 and 40A 10,30,000 51,600 Less: Excise duty of 1991-92, deductible by virtue of section 43B [see para 49.10] 10,81,600 (-) 86,920 Business income (under section 28) Capital

M/S MUNJAL SALES CORPORATION vs. COMMR.OF INCOME TAX,LUDHIANA

C.A. No.-001378-001378 - 2008Supreme Court19 Feb 2008
For Respondent: Commissioner of Income Tax,Ludhiana & Anr
Section 36(1)(iii)Section 40

capital borrowed within the meaning of this clause; AMOUNTS NOT DEDUCTIBLE 40. Notwithstanding anything to the contrary in Sections 30 to 38, the following amounts shall not be deducted in computing the income chargeable under the head "Profits and gains of business or profession", - (b) in the case of any firm, any payment of interest, salary, bonus, commission or remuneration

M/S SNOWTEX INVESTMENT LIMITED vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL -2, KOLKATA

The appeal is dismissed in terms of the signed reportable

C.A. No.-004483-004483 - 2019Supreme Court30 Apr 2019

Bench: HON'BLE THE CHIEF JUSTICE

Section 143(1)Section 143(2)Section 260ASection 43(5)Section 43(5)(d)Section 73

Capital gains” and “Income from other sources”, or a company the principal business of which is the business of trading in shares or banking or the granting of loans and advances) consists in the purchase and sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying on a speculation business