Latest Income-Tax Details

For Full Access To All Latest Judgments on Income Tax
Click Here To Subscribe Now
Take a tour of our Income-Tax Library

Whether in the facts and circumstances of the case, the tribunal was correct in law in holding that the provisions of Section 45(2) and 49(1) of the Income-tax Act are not applicable in respect to the property received by assessee on partial partition of Hindu Undivided Family and thereby deleting the long term capital gain of RS.6,78,41,691/-?

Shanti Prime Publication Pvt. Ltd.

Sec. 115J of IT Act, 1961 - Book Profit - Once the revenue has accepted the view of the Commissioner (Appeal) in respect of the assessment year 1990-91, then it is not open to the revenue to challenge the similar finding and deviate from its earlier stand. In such circumstances, the principle of consistency would be applied. If the assessee has adopted the method of working out the amount of depreciation differently for the purpose of s. 115J, there is prohibition to restrain the assessee from doing so what is required under s. 115J(1A) of the Act is that every assessee, being a company shall for the purpose of this section prepare its profit and loss account for the relevant previous year in accordance with the provisions of Part II and III of Schedule VI to the Companies Act. SLP of the revenue against the order of High Court is dismissed as withdrawn on account of low tax effect. - CIT V/s C. RAMAIAH REDDY - [2020] 272 TAXMAN 342 (KARN)