Judgements and Orders, Supreme Court and High courts of India


Penalty u/s 269SS ::

  CA.Saibaburao Nanduri    25 November 2007 at 10:26

Held by the Hon`ble Court that, the A.O. must be satisfied, not arbitrarily but judiciously. In the facts and circumstances of the case, penalty levied on technical mistake committed by the assessee and due to this there is no loss of revenue, shall

Posted in Income Tax |   42 Views


Section 68 ::

  CA.Saibaburao Nanduri    25 November 2007 at 10:26

Held by the Hon`ble Court that, if it be assumed that the subscribers of application money were not genuine, under no circumstances amount of share application money could be regarded as undisclosed income of the company. Therefore share application

Posted in Income Tax |   28 Views



Advance Ruling - Transfer of shares between two non-resident entities abroad

Posted in Income Tax  4 comments |   63 Views



Posted in Custom |   48 Views


Section 142(2A)

  CA.Saibaburao Nanduri    20 November 2007 at 15:40

Held by the Hon`ble Court that, no authority has been given to assessing officer u/s 142(2A) of the Income tax Act to make an order for preparation of fresh books by referring the matter to an auditor under special audit. Therefore A.O. is not justif

Posted in Income Tax |   46 Views



CAPITAL GAIN ::

  CA.Saibaburao Nanduri    18 November 2007 at 16:54

Held by the Hob`ble Authority that as per article 13(5) of the DTAA between India & Netherlands in case of corporate reorganisation where the transferor or transferee owned atleast 10% of the capital of the other, the capital gain on such transfers c

Posted in Income Tax |   48 Views


Business Auxiliary Service

  Ravikumar.G    16 November 2007 at 23:29

BUSINESS AUXILIARY SERVICE Section 65 of the Finance Act, 1994 - Business auxiliary service - Whether where Commissioner (Appeals) held that rendering of house keeping services in academic centre by assessee would not come within ambit of ‘Busines

Posted in Others |   29 Views


Tribunal & Rules

  CA.Saibaburao Nanduri    15 November 2007 at 17:10

Held by the Hon`ble Court that, the Tribunal misread and misapplied rules, 19 and 20 of the 1963 Rules in holding that the assessee`s appeal not maintainable. Tribunal could have proceeded hearing the appeal ex-parte as per rule 24 but that was not d

Posted in Income Tax |   26 Views


Collection of Tax at source::

  CA.Saibaburao Nanduri    13 November 2007 at 00:37

Held by the Hon`ble Court that the basic licence fees included in the bid money is not part and parcel of the purchase consideration rather it is a price for parting with the privilege in favour of highest bidder as such it is not liable for collecti

Posted in Income Tax |   27 Views