Judgements and Orders, Supreme Court and High courts of India



Dishonour of cheque - Default in payment of fine - sentence of imprisonment not permissible - Act does not provide for sentence of imprisonment in default of payment of fine.

Posted in LAW |   69 Views



Central Excise – High Court not to interfere at Show cause Notice stage : Madras High Court

Posted in Excise |   35 Views



Where a deposit stands in the name of a third person and where that person is related to the assessee, in such a case the proper course would be to call upon the person in whose books the deposit appears or the person in whose name the deposit stands

Posted in Income Tax |   93 Views



Held by the Hon`ble Court that, by virtue of its right by way of a lease form month to month or for a period not more than one year assessee is not owner of the house property as per section 27(iiib). Therefore income is assessable as business income

Posted in Income Tax |   42 Views


S.263 and Reassessment

  kavita jain    25 January 2008 at 20:32

Therefore, keeping in view the facts and circumstances of the instant case and, in particular, having regard to the fact that the Commissioner exercising its revisional jurisdiction reopened the order of assessment only in relation to lease equalizat

Posted in Income Tax |   97 Views


KVSS, 98 vis-à-vis. Sales tax assessment.

  kavita jain    25 January 2008 at 20:29

What is conclusive is the order passed under section 90(1) determining the sum payable under the scheme. The terms ‘direct tax enactment’ or ‘indirect tax enactment’ or ‘any other law for the time being in force’ refer only to those statutes under wh

Posted in Income Tax |   39 Views



The material expression in section 194A(1) is “at the time of credit of such income to the account of the payee”. When interest is debited to ‘Interest Account’, the debit is for a specific amount calculated with reference to the liability of the ded

Posted in Income Tax |   63 Views


All repairs do not attract section 31(i),

  kavita jain    25 January 2008 at 19:18

An allowance is granted by clause (i) of section 31 in respect of amount expended on current repairs to machinery, plant or furniture used for the purposes of business, irrespective of whether the assessee is the owner of the assets or has only used

Posted in Income Tax |   182 Views


Decision of ITAT on Salary

  Garima    24 January 2008 at 11:53

'Stock appreciation rights' different from 'stock options' – redemption taxable under salary; if it is not salary, it is other income - High Court and Supreme Court judges are not employees, but their salary is taxable under heading salary : ITAT

Posted in Income Tax |   57 Views


section 254 ::

  CA.Saibaburao Nanduri    24 January 2008 at 11:52

Held by the Hon`ble Court that, it is well settled law that while disposing of an appeal , the authority must record reason of its decision. Therefore it is not justified in law to dispose of an appeal without recoding any reason.

Posted in Income Tax |   31 Views