Income Tax Judgements



Section 12AA, read with section 12A, of the Income-tax Act, 1961 - Charitable or religious trust - Registration procedure - Whether it is mandatory for Commissioner to dispose of application for registration under section 12A within six months from e

Posted in Income Tax |   90 Views



Section 5, read with sections 28(v) and 145, of the Income-tax Act, 1961 - Income - Accrual of - Assessment years 1998-99 to 2002-03 - Whether mere withdrawal by partners cannot be considered to be a method of accounting and amount, which is made unc

Posted in Income Tax |   59 Views


Section 80 IA ::

  CA.Saibaburao Nanduri    02 October 2007 at 15:58

Held by the Hon`ble Court that, in the absence of any definition of the word manufacture one should appreciate the meaning as commonly understood by a reasonable person, form this point of view conversion of blank disc to a software loaded disc is cl

Posted in Income Tax |   33 Views




THIS is a rare case where the assessee lost consistently at all stages from AO, through, Commissioner (Appeals), ITAT, High Court and now the Supreme Court. For the assessment year 1992-93, the assessee appellant had claimed deduction under

Posted in Income Tax |   33 Views



Block assessment - notice u/s 158BC(a) cannot be equated with that of notice u/s 148; Defects in notice protected under umbrella of Sec 292B : Bombay HC

Posted in Income Tax |   93 Views


Section 147 ::

  CA.Saibaburao Nanduri    29 September 2007 at 19:48

Held by the Hon`ble Bench that, the scope of section 147 of Income-tax Act, is not for reversing the earlier order suo motu. Therefore reassessment is not permissible on the basis of change of opinion.

Posted in Income Tax |   26 Views



Can double benefits u/s 10B and Sec 80HHC be allowed on exports of same goods? - Can Revenue deny Sec 80HHC benefits if exports are made from third country? - Tribunal says YES in first case and NO in second

Posted in Income Tax |   36 Views



Need for notice u/s 143(2) cannot be dispensed with in a case where AO proceeds to make inquiry for assessment, and determination of taxes payable after issuing notice u/s 143(1) as well : ITAT

Posted in Income Tax  1 comments |   57 Views


Block Assessment ::

  CA.Saibaburao Nanduri    28 September 2007 at 11:04

Held by the Hon`ble Court that, nothing was produced before Tribunal and Court, therefore A.O. relied on some non existent material and the addition made by him is set aside

Posted in Income Tax |   44 Views