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Judgements by CA.Saibaburao Nanduri

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Held by the Court that the computer software sold off the shelf comes under the purview of definition of Goods under section 2(h) of the Andhra Pradesh General Sales Tax.Therefore these can be termed as sale of goods and hence sales tax is leveivable

Posted in Others |   44 Views


Trading receipt ::

  CA.Saibaburao Nanduri    05 September 2007 at 20:42

Held by the Hon`ble Court that, mere fact that the assessee had given separate receipt to the costumers and made suspense account for excess price collected does not change the character of the transaction. Therefore the receipt is trading receipt.

Posted in Income Tax |   64 Views


APPEAL

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

If the notice returned unserved due to non-availability of proper address cannot be held as empathy on the part of Revenue. Hence, the appeal got dissmissed

Posted in Income Tax |   37 Views


Applicability of Section 40(b) ::

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

Discounts are given for business exigencies to everyone and as such discounts are neither salary nor commission, provisions of section 40(b) are not applicable to such discounts.

Posted in Income Tax |   46 Views



The property of the father inherited by his son, assessed in his individual capacity and not as karta of the HUF.Hence, income from such property belonged to the assessee.

Posted in Income Tax |   56 Views


Capital or revenue expenditure !

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

Membership and entry of a dealer in the OTC Exchange was only on payment of non-refundable deposits, upon the non payment of which the assessee would have been termed as an "inactive" member. This payment could not be treated as one of an "enduring n

Posted in Income Tax |   25 Views


Reversal of Modvat Credit ::

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

Notification no.15/94-C.E.dated 01.03.94 exempts certain final products of chapter 39 from payment of excise duty only if credit is not taken on inputs used for manufacturing final products.The court held that reversal of Modvat credit amounts to non

Posted in Custom |   43 Views


Reversal of Modvat credit ::

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

It was held by the High Court that the benefit of the exemption notification would be granted to the assessee.

Posted in Custom |   46 Views


Nature of Receipts

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

That business of developing and printing of photographic films is only a service contract and does not include any element of sale of goods. Hence, question of bifurcating receipts into sales and service elements doe not arise.

Posted in Service Tax |   37 Views


FEMA :: Imprisonment and Fine ::

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

Held by Supreme Court that under section 56(1) (i) of the Foreign Exchange Regulation Act,although imprisonment is compulsory for not less than six months,yet the company can be prosecuted. It is clear and explicit that statute do not provide any imm

Posted in Miscellaneous |   45 Views