Judgements and Orders, Supreme Court and High courts of India



Section 211, read with sections 209 and 642, of the Companies Act, 1956 - Accounts - Form and contents of - Whether since Act nowhere deals with recognition and measurement of various items of income and expenses, assets and liabilities and it only d

Posted in Corporate Law |   59 Views


CLEARING AND FORWARDING AGENT

  Ravikumar.G    16 October 2007 at 10:55

CLEARING AND FORWARDING AGENT Section 65 of the Finance Act, 1994 - Clearing and forwarding agent - Whether for purposes of service tax a consignment agent should be deemed to be a clearing and forwarding agent and services rendered by a consignme

Posted in Service Tax |   114 Views


Revision under section 263 ::

  CA.Saibaburao Nanduri    15 October 2007 at 16:22

Held by the Hon`ble Court that, an order cannot be treated as an erroneous order prejudicial to the interest of the revenue unless the view taken by the A.O. is unsustainable in law. Therefore exercise power under section 263 is not justified in law.

Posted in Income Tax |   52 Views


Section 251 of the Income-tax Act, 1961

  Ravikumar.G    15 October 2007 at 15:05

Section 251 of the Income-tax Act, 1961, read with rule 46A of the Income-tax Rules, 1962 - Commissioner (Appeals) - Powers of - Assessment year 1997-98 - Whether Commissioner (Appeals) has power to receive new/additional evidence for deciding issue

Posted in Income Tax |   48 Views



Section 65 of the Finance Act, 1994 - Cable operator - Whether if a society is a cable operator and provides cable services as understood under section 2(b) of Cable Television Networks (Regulation) Act, 1995 to a customer and to any person, it would

Posted in Others |   74 Views


SUB-PARTNERSHIP ::

  CA.Saibaburao Nanduri    15 October 2007 at 11:38

Held by the Hon`ble Court that, Though sub partnership has not been defined either in Income-tax act or in Partnership act but the pre-requisite of exemption under the provision of section 10(2A) is that the assessee must be a partner of a firm which

Posted in Income Tax |   76 Views


Section 69A ::

  CA.Saibaburao Nanduri    13 October 2007 at 20:40

Held by the Hon`ble Court that, section 69A applies only if assessee is found to be owner of money or things found and neither possession nor the ownership is proved by slips. Therefore addition is not justified in law.

Posted in Income Tax |   151 Views


INCOME OF MINOR ::

  CA.Saibaburao Nanduri    13 October 2007 at 14:53

Held by the Hon`ble Court that, the interest accrued or paid on accumulated profits cannot be said to be a "benefit of partnership" and section 64(1)(iii) permits adding or clubbing to the income of the assessee only the income of a minor child of th

Posted in Income Tax |   32 Views



SECTION 40A(3) Business expenditure—Disallowance under s. 40A(3)—Cash payment exceeding Rs. 2,500—Assessee dealing in silver ornaments, if he had to do his business could not avoid paying by cash—Exceptional or unavoidable circumstances, therefore

Posted in Income Tax |   38 Views



Recovery—Attachment—State’s right of priority—Sale proceeds of attached property taken by some other attaching decree holder—Recovery of tax due to the Department—Prohibitory order issued by Collector in respect of certain shares belonging to the d

Posted in Income Tax |   55 Views




Follow us