Judgements and Orders, Supreme Court and High courts of India



Held by the Hon`ble Court that, by virtue of its right by way of a lease form month to month or for a period not more than one year assessee is not owner of the house property as per section 27(iiib). Therefore income is assessable as business income

Posted in Income Tax |   43 Views


S.263 and Reassessment

  kavita jain    25 January 2008 at 20:32

Therefore, keeping in view the facts and circumstances of the instant case and, in particular, having regard to the fact that the Commissioner exercising its revisional jurisdiction reopened the order of assessment only in relation to lease equalizat

Posted in Income Tax |   97 Views


KVSS, 98 vis-à-vis. Sales tax assessment.

  kavita jain    25 January 2008 at 20:29

What is conclusive is the order passed under section 90(1) determining the sum payable under the scheme. The terms ‘direct tax enactment’ or ‘indirect tax enactment’ or ‘any other law for the time being in force’ refer only to those statutes under wh

Posted in Income Tax |   39 Views



The material expression in section 194A(1) is “at the time of credit of such income to the account of the payee”. When interest is debited to ‘Interest Account’, the debit is for a specific amount calculated with reference to the liability of the ded

Posted in Income Tax |   63 Views


All repairs do not attract section 31(i),

  kavita jain    25 January 2008 at 19:18

An allowance is granted by clause (i) of section 31 in respect of amount expended on current repairs to machinery, plant or furniture used for the purposes of business, irrespective of whether the assessee is the owner of the assets or has only used

Posted in Income Tax |   182 Views


Decision of ITAT on Salary

  Garima    24 January 2008 at 11:53

'Stock appreciation rights' different from 'stock options' – redemption taxable under salary; if it is not salary, it is other income - High Court and Supreme Court judges are not employees, but their salary is taxable under heading salary : ITAT

Posted in Income Tax |   57 Views


section 254 ::

  CA.Saibaburao Nanduri    24 January 2008 at 11:52

Held by the Hon`ble Court that, it is well settled law that while disposing of an appeal , the authority must record reason of its decision. Therefore it is not justified in law to dispose of an appeal without recoding any reason.

Posted in Income Tax |   31 Views


Interest on borrowed capital ::

  CA.Saibaburao Nanduri    22 January 2008 at 10:27

Held by the Hon`ble Court that as no nexus could be found between the borrowing and the interest free advance to sister concern and with clear finding that there was no element of commercial expediency, the interest paid on borrowed fund is not deduc

Posted in Income Tax |   50 Views


VDIS/KVSS- Schemes have limitations.

  kavita jain    22 January 2008 at 10:27

It may be necessary for the aforementioned purpose to bear in mind that the immunity granted pursuant to acceptance of a declaration made under the voluntary taxation scheme or Kar Vivad Samadhan Scheme, 1998 does not lead to a total immunity. Immuni

Posted in Income Tax |   59 Views


Exemption under section 10(26B)

  kavita jain    22 January 2008 at 10:27

On consideration of the background under which the assessee-Corporation came into being and taking into account the provisions under articles 46 and 47 of the Constitution, it was clear that the assessee was primarily formed to ameliorate the sufferi

Posted in Income Tax |   455 Views