Judgements and Orders, Supreme Court and High courts of India


Lease Rent

  kavita jain    14 January 2008 at 01:51

proportionate lease rent paid by the mining lessee for acquiring leasehold right for extracting minerals from mineral bearing land would be a capital expenditure.

Posted in Income Tax |   67 Views


Reason for enacting Section 2(22)(e).

  kavita jain    14 January 2008 at 01:51

The companies having accumulated profits and the companies in which substantial voting power lies in the hands of the person other than the public (controlled companies) are required to distribute accumulated profits as dividends to the shareholders.

Posted in Income Tax |   46 Views


S. 80P- DEDUCTION UNDER.

  kavita jain    11 January 2008 at 22:55

A co-operative bank, carrying on business of banking, statutorily required to place a part of its fund in approved securities, income arising from such investment is deductible under section 80P .

Posted in Income Tax |   38 Views



petitioners have assailed the validity of certain other provisions of the Act as well. We would, however, examine the matters after such amendments as the Government may think appropriate are made and the matters are mentioned.

Posted in LAW |   36 Views


UNDISCLOSED INCOME ::

  CA.Saibaburao Nanduri    11 January 2008 at 22:55

Held by the Hon`ble Court that, loose papers themselves not indicating receipt of undisclosed income and in the absence of opportunity of cross examination, additions on the basis of entries on loose papers found during search not justified in law.

Posted in Income Tax |   50 Views



From the statutory provisions, it is clear that to hold a person responsible under the Act, it must be shown that he/she is a ‘principal officer’ under section 2(35) of the Act or is ‘in charge of’ and ‘responsible for’ the business of the company or

Posted in Income Tax |   195 Views



The conditions precedent for invoking the provisions of section 158BD thus, are required to be satisfied before the provisions of the Chapter XIV-B are applied in relation to any person, other than the person whose premises had been searched under se

Posted in Income Tax |   40 Views


S. 263 vis-a-vis S. 154

  kavita jain    09 January 2008 at 16:08

The scope and ambit of a proceeding for rectification of an order under section 154 and a proceeding for revision under section 263 are distinct and different. Order of rectification can be passed on certain contingencies. It does not confer a power

Posted in Income Tax |   287 Views



The expression ¡¥commercial expediency¡¦ is an expression of wide import and includes such expenditure as a prudent businessman incurs for the purpose of business. The expenditure may not have been incurred under any legal obligation, yet it is allow

Posted in Income Tax |   63 Views


BAD DEBTS ::

  CA.Saibaburao Nanduri    09 January 2008 at 09:54

Held by the Hon`ble Court that, unless the A.O. had rejected the entire books of accounts to be totally unreliable and finding extreme perversity in declaration of debts to be bad debts the stand of assessee cannot be ignored by the revenue. Therefor

Posted in Income Tax |   48 Views