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Judgements by CA.Saibaburao Nanduri

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BAD DEBTS ::

  CA.Saibaburao Nanduri    09 January 2008 at 09:54

Held by the Hon`ble Court that, unless the A.O. had rejected the entire books of accounts to be totally unreliable and finding extreme perversity in declaration of debts to be bad debts the stand of assessee cannot be ignored by the revenue. Therefor

Posted in Income Tax |   28 Views


DUTY OF THE ASSESSING OFFICER ::

  CA.Saibaburao Nanduri    09 January 2008 at 09:54

Held by the Hon`ble Court that, it is not open to the assessing authority to embark upon any other enquiry and reopen the case which is already decided by the Tribunal in the favour of the assessee.

Posted in Income Tax |   29 Views


Effect of section 44AD ::

  CA.Saibaburao Nanduri    04 January 2008 at 14:59

Held by the Hon`ble Bench that whenever the law provides any concession for its rigors, the observance and satisfaction of the qualifying criteria are presumed and section 44AD would not operate to curtail the scope of section 2(24) read with section

Posted in Income Tax |   59 Views


REVISION U/S 263

  CA.Saibaburao Nanduri    31 December 2007 at 07:59

Held by the Hon`ble Court that, order passed by commissioner u/s 263 without granting opportunity of personal hearing to assessee is violation of natural justice. Therefore revision order passed by the commissioner is not justified in law.

Posted in Income Tax |   33 Views


INTEREST FREE LOAN ::

  CA.Saibaburao Nanduri    28 December 2007 at 09:10

Held by the Hon`ble Court that it had come on the records that due to bad financial position no interest has been charged in order to safe guard the principal and assessee acted as an prudent person. Therefore no notional interest, on interest free l

Posted in Income Tax |   20 Views


Tax Deducted at Source ::

  CA.Saibaburao Nanduri    26 December 2007 at 15:39

Held by the Hon`ble Court that, as assessee merely acted as an agent and amounts repaid by the directors/managing directors including interest were not reflected in its accounts as loans or borrowing of the assessee. Therefore assessee was not a pers

Posted in Income Tax |   31 Views


CHARITABLE PURPOSE ::

  CA.Saibaburao Nanduri    19 December 2007 at 12:09

Held by the Hon`ble Bench that the fact is that the society is engaged in an object of public utility and is not covered by the provision of section 13(1)(bb),thus the trust shall be entitled to exemption u/s 11 as the profit from the business is sol

Posted in Income Tax |   21 Views


Section 37 ::

  CA.Saibaburao Nanduri    18 December 2007 at 21:49

Held by the Hon`ble Court that, the new unit was a part of the existing business moreover unity of control and inter-lacing of the units is also there. Therefore expenses incurred regarding setting up of the new unit which was part of the existing bu

Posted in Income Tax |   20 Views


Depreciation

  CA.Saibaburao Nanduri    15 December 2007 at 19:37

Held by the Hon`ble Bench that as per sections 80AB and 80B the primary step for calculating the profits and gains is to determine the gross total income as per the provisions of the Act except giving effect to deductions under chapter VI-A, thereaft

Posted in Income Tax |   20 Views


Registration of Trust u/s 12A ::

  CA.Saibaburao Nanduri    12 December 2007 at 20:18

Held by the Hon`ble Court that the objects should not be considered independantly, these should be understood in their entirety. As the defending of the members against initiated actions was only one of the objects apart from indulging in charitable

Posted in Income Tax |   25 Views