Set off of Loss :Law Applicable on Date of Incurring Loss Will Apply !

ITAT_Special_Bench

The assessee while computing total income adjusted brought forward long-term capital loss relating to assessment year 2001-02 wih the short-term capital gain arising the year under consideration. The claim of the assessee for such set off was disallowed by the Assessing Offier. On appeal, the Commissioner (Appeals) also upheld the decision of A.O by relying on...

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Section 73: Nature of Activity Important For Deciding Principal Busienss !

The assessee-company , engaged in the business of financing by way of granting loans and advances and earning interest therefrom and also dealing in stock and shares , filed a return declaring a total loss after adjusting the business income of interest from loans and advances. In view of the provisions of Explanation to section...

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Explanation to Section 73: Nature of Principal Business Important !

The assessee-company was daling in shares as well as earning income from business of trading in steel, yarn, fabrics as also from service charges.Its computation of gross total income showed loss under the head business wherease dividend was poistive income under the head ” income from other sources”.The dividend income was earned on shares held...

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Instruction Like Circular Binding on Officer of Income tax Department

With a view to reduce the pendency of appeals in the Tribunal, High Court and Supreme Court and also to redress difficulties of small assessees in meeting cost of litigation, CBDT has been issuing various instructions to revenue officials prescribing the monetary limit for filing appeals before the above forums. Impugned Instruction No. 1979 dated...

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Interest u/s 244A Assessble in Year of grant !

Interest paid to an assessee u/s 244A is also income . In the instant case the question for cosideration of Special Bench of Mumbai in Avada Trading Co. (P.) Ltd was whether the interest on refund under section 244A granted to the assessee in the proceedings under section 143(1)(a) was taxable in the year of...

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