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Judgements by CA.Saibaburao Nanduri

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Assessment of deceased person ::

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held by the Hon'ble court that where an assessee dies, pending any assessement proceedings,it is the duty of the assessing officer to ensure compliance of section 159(2) before passing any orders.Therefore, the assessement order passed by the assessi

Posted in Income Tax |   50 Views


Waiver of Penalty u/s 273B ::

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held by the court that on combined reading of the provisions of section 271D & 273B of the act,if the assessee shows "reasonable cause" for the failure to comply with the provision of the act,the Commissioner (Appeals) may in his order waive the pena

Posted in Income Tax |   66 Views



Held by the court that the assessee was in confusion regarding percentage to be deducted from the different classess of customers. On being clarified,the assessee has deducted the remaining amount and deposited the same therefore it does not amount t

Posted in Income Tax |   30 Views


Income form housing property ::

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held by the Hon`ble Court that, there is service-cum-lease agreement and if it is necessary, the authorities have to bifurcate a portion of rental receipt into various heads, in the interest law.

Posted in Income Tax |   28 Views


Interest on Borrowed Capital ::

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held that interest paid by the investment company on funds borrowed for purchase of shares, irrespective of the fact whether such shares were to be held as stock in trade or investment or for acquiring controlling interest in other companies, was ded

Posted in Income Tax |   29 Views


CBDT Instructions

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held by ho"ble court that assessing officer is bound to follow benevolent instructions of CBDT. Hence, assessment made in violation of CBDT instructions is liable to be quashed.

Posted in Income Tax |   41 Views


Liability to Deduct TDS

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held that the foreign co. earned money by providing copyrighted information on subscription basis. The subscription was in the nature of access fee to database maintained outside India. Thus such receipts could not be treated as income accrued in Ind

Posted in Income Tax |   22 Views



Held by the Hon"ble court that printing of labels on corrugated boxes did not require any special skill or involve any confidence or secrecy. In the circumstances, the predominant object of the contract was one of sale of goods which took the contrac

Posted in Income Tax |   32 Views


Concealment of Income::

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held by the Hon"ble court that the expression "money" has different shades of meaning. In the context of income tax provisions, it can only be a curreny token, bank notes or other circulating medium in general use, which has representative value. The

Posted in Income Tax |   57 Views



Held by the Hon"ble court that where the assets of the business are let out temporarily while the assessee is carrying out his other business activities then it is a case of exploiting the business assets otherwise than employing them for his own use

Posted in Income Tax |   31 Views