Judgements by CA.Saibaburao Nanduri

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

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

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

Held by the Hon`ble Court that, whole amount of custom and excise duty paid by the assessee in a particular year is allowable under section 43 B of the income tax Act, 1961 as a deduction in respect of that year, irrespective of the amount included i

Held by the Hon`ble Bench that, the scheme was introduce for the overall skill level improvement and the only aim was to facilitate the carrying on the business more efficiently and more profitably. Therefore expenditure incurred for achieving optimu

Held by the Hon"ble court that the real contributors of income by availing the facilities of the marriage hall were not the members but non-members made temporary members for the purpose of renting the hall.Hence, the principle of mutuality would not

Held by the Hon`ble Bench that as turnover charges levied by the SEBI are not one time license fees, it is to be paid every year on the basis of percentage of turnover, thus it is in the nature of expenditure covered by the provision of section 43B o

Held by the Hon`ble Court that, interest free loan could not be said to be "income". Therefore interest free loan given by a company to its director`s wife is not taxable as income under the provisions of the Income-tax Act 1961.

Held by the Hon`ble Court that, extra shift allowance has to be calculated for the number of days on which concern worked as a whole and not on the basis of each part of machinery which worked extra shift.

Held by the Hon`ble Court that, the fact were before the assessing officer at the time of passing the original assessment, and later on different view was taken by his successor on the same facts it clearly amounted to a change of opinion. This could