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2009 (10) TMI 42 - SC - Income TaxPayment of excise duty through MODVAT / CENVAT credit – application of section 43B – addition of customs duty to the value of closing stock - held that - Tribunal was right in holding that the claim for depreciation on account of enhanced cost of depreciation due to fluctuation in foreign exchange rate was admissible for deduction under Section 3 - , the question as to whether interest and miscellaneous income is taxable under the head "Income from Other Sources" under Section 56 of the Income Tax Act, 1961 is not required to be examined in this case as the Department failed to make submissions on this point before the Tribunal – High Court directed to decide the questions for applicability of section 43B for adjustment of unutilized MODVAT credit and valuation of closing stock
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