Income Tax Judgements


Tax Deducted at Source ::

  CA.Saibaburao Nanduri    26 December 2007 at 15:39

Held by the Hon`ble Court that, as assessee merely acted as an agent and amounts repaid by the directors/managing directors including interest were not reflected in its accounts as loans or borrowing of the assessee. Therefore assessee was not a pers

Posted in Income Tax |   41 Views


CHARITABLE PURPOSE ::

  CA.Saibaburao Nanduri    19 December 2007 at 12:09

Held by the Hon`ble Bench that the fact is that the society is engaged in an object of public utility and is not covered by the provision of section 13(1)(bb),thus the trust shall be entitled to exemption u/s 11 as the profit from the business is sol

Posted in Income Tax |   24 Views


Section 37 ::

  CA.Saibaburao Nanduri    18 December 2007 at 21:49

Held by the Hon`ble Court that, the new unit was a part of the existing business moreover unity of control and inter-lacing of the units is also there. Therefore expenses incurred regarding setting up of the new unit which was part of the existing bu

Posted in Income Tax |   34 Views


Depreciation

  CA.Saibaburao Nanduri    15 December 2007 at 19:37

Held by the Hon`ble Bench that as per sections 80AB and 80B the primary step for calculating the profits and gains is to determine the gross total income as per the provisions of the Act except giving effect to deductions under chapter VI-A, thereaft

Posted in Income Tax |   31 Views


Registration of Trust u/s 12A ::

  CA.Saibaburao Nanduri    12 December 2007 at 20:18

Held by the Hon`ble Court that the objects should not be considered independantly, these should be understood in their entirety. As the defending of the members against initiated actions was only one of the objects apart from indulging in charitable

Posted in Income Tax |   34 Views


BUSINESS LOSS ::

  CA.Saibaburao Nanduri    10 December 2007 at 16:42

Held by the Hon`ble Bench that section 71(2) allows an assessee to set off of business loss from income under any head including capital gains, further no sequence is prescribed for set off of losses, thus it is open to the assessee to set off the bu

Posted in Income Tax |   119 Views


Income-tax Return

  CA.Saibaburao Nanduri    08 December 2007 at 12:39

Held by the Hon`ble Court that the provision relating to filing of return of income within the stipulated time is applicable to a person who is required to file a return u/s 139(1), a person not having any taxable income is not bound to file the INCO

Posted in Income Tax |   25 Views


Section 147, 148 ::

  CA.Saibaburao Nanduri    08 December 2007 at 12:39

Held by the Hon`ble Court that, what should be the correct net profit in the opinion of the A.O. had no relation with the formation of any opinion that assessee failed to disclosed truly and fully material facts necessary for assessment. Therefore no

Posted in Income Tax |   49 Views


TRANSFER OF ASSETS ;;

  CA.Saibaburao Nanduri    02 December 2007 at 21:03

Held by the Hon`ble Court that as the transfer of asset is not one in the nature of transfer of assets from subsidiary to holding as covered by section 47(v) but is distribution of assets to the shareholders upon the liquidation of the company, hence

Posted in Income Tax |   81 Views



Held by the Hon`ble Court that as the amounts set apart by the assessee for different A.Y. are done on the basis of past experience even though the liability is to be quantified and discharged in future, the provision made for the liability against w

Posted in Income Tax |   42 Views