Income Tax Judgements


Section 43 B ::

  CA.Saibaburao Nanduri    09 November 2007 at 23:39

Held by the Hon`ble Court that, whole amount of custom and excise duty paid by the assessee in a particular year is allowable under section 43 B of the income tax Act, 1961 as a deduction in respect of that year, irrespective of the amount included i

Posted in Income Tax |   29 Views


CAPITAL OR REVENUE EXPENDITURE ::

  CA.Saibaburao Nanduri    09 November 2007 at 15:17

Held by the Hon`ble Bench that, the scheme was introduce for the overall skill level improvement and the only aim was to facilitate the carrying on the business more efficiently and more profitably. Therefore expenditure incurred for achieving optimu

Posted in Income Tax |   36 Views



Held by the Hon"ble court that the real contributors of income by availing the facilities of the marriage hall were not the members but non-members made temporary members for the purpose of renting the hall.Hence, the principle of mutuality would not

Posted in Income Tax |   44 Views


Transfer pricing ruling

  Aisha    06 November 2007 at 18:34

The Income-Tax Appellate Tribunal has held that transfer pricing is not an exact science in which mathematical certainty is possible and some approximations cannot be ruled out. The case relates to transfer pricing of captive software development ser

Posted in Income Tax |   32 Views


Business Expenditure ::

  CA.Saibaburao Nanduri    06 November 2007 at 17:31

Held by the Hon`ble Bench that as turnover charges levied by the SEBI are not one time license fees, it is to be paid every year on the basis of percentage of turnover, thus it is in the nature of expenditure covered by the provision of section 43B o

Posted in Income Tax |   28 Views


Section 2(24)(iv) ::

  CA.Saibaburao Nanduri    04 November 2007 at 20:19

Held by the Hon`ble Court that, interest free loan could not be said to be "income". Therefore interest free loan given by a company to its director`s wife is not taxable as income under the provisions of the Income-tax Act 1961.

Posted in Income Tax |   37 Views


Depreciation ::

  CA.Saibaburao Nanduri    03 November 2007 at 17:53

Held by the Hon`ble Court that, extra shift allowance has to be calculated for the number of days on which concern worked as a whole and not on the basis of each part of machinery which worked extra shift.

Posted in Income Tax |   37 Views


REASSESSMENT ::

  CA.Saibaburao Nanduri    02 November 2007 at 18:17

Held by the Hon`ble Court that, the fact were before the assessing officer at the time of passing the original assessment, and later on different view was taken by his successor on the same facts it clearly amounted to a change of opinion. This could

Posted in Income Tax |   36 Views


Section 69A ::

  CA.Saibaburao Nanduri    02 November 2007 at 18:17

Held by the Hon`ble Court that, the assessee who is admittedly assessed to wealth-tax cannot be said to have no source of income. Therefore explanation given by assessee is not satisfactory and addition is justified in law.

Posted in Income Tax |   58 Views


Section 158BC ::

  CA.Saibaburao Nanduri    31 October 2007 at 11:48

Held by the Hon`ble Court that, the findings recorded by the Tribunal shows that the amount seized from the assessee, could not be faulted and block assessment was valid. Therefore proceedings initiated u/s 158BC was justified in law.

Posted in Income Tax |   43 Views