Author: Prashant Thakur

The author has spent more than 30 years in the field of taxation. Wrote four books -3 on on Indian Tax Law and 1 on US tax law for cryptocurrency. Apart from https:taxworry.com , he also writes on https://irstaxapp.com which is for US tax laws. He is a tech enthusiast and manages a cloud computing company that publishes innovative software.

Meaning of “Is found”

Case Name : Hindustan Construction Co. Ltd. Vs. V.S. Gaitonde, ITO Citation :[1965] 56 ITR 241 (SC) Court : Supreme Court Section : 237 TO 245 Meaning : The words ‘is found’ do not necessarily lead to the conclusion that there must be a prior adjudication. But this is not enough to sustain the claim […]

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Meaning of “Industrial machinery”

Case Name : CIT Vs. Indian Textile Paper Tube Co. Ltd. Citation :[1997] 138 CTR (MAD.) 342 Court : Madras High Court Section : NINTH SCHEDULE Meaning : In considering the meaning of the words ‘industrial machinery’ used in item 8 of the ninth schedule, the description of industrial machinery spoken of in item 4 […]

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Meaning of “Irrecoverable”

Case Name : Kerala State Industrial Development Corpn. Ltd. Vs. CIT Citation :[2006] 151 TAXMAN 127/281 ITR 413/201 CTR 144 (KER.) Court : Kerala High Court Section : 36 Meaning : Whatever be the attendant circumstances, unless and until a debt has been written off as ‘irrecoverable’ as provided under section 36(2)(i)(b), the assessee cannot […]

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Meaning of “Interest”

Case Name : CIT  Vs. Vijay Ship Breaking Corpn. Citation :[2003] 129 TAXMAN 120/261 ITR 113 (GUJ.) Court : Gujarat High Court Section : 2(28A) Meaning : The meaning of the word ‘interest’ is very wide and would include interest on unpaid purchase price, payable in any manner which would include interest payable by means of […]

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Meaning of “Instrument”

Case Name : Cit Vs. Rajmohan Saha Citation :[1991] 190 ITR 236 (GAUHATI) Court : Gouhati High Court Section : 184 TO 187 Meaning : The word ‘instrument’ has been used in section 184(1) of the act in the sense of a writing a document or, as observed in rose v. Otis, 33 p. 77, […]

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