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Income Tax Judgements


Liability to Deduct TDS

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held that the foreign co. earned money by providing copyrighted information on subscription basis. The subscription was in the nature of access fee to database maintained outside India. Thus such receipts could not be treated as income accrued in Ind

Posted in Income Tax |   18 Views



Held by the Hon"ble court that printing of labels on corrugated boxes did not require any special skill or involve any confidence or secrecy. In the circumstances, the predominant object of the contract was one of sale of goods which took the contrac

Posted in Income Tax |   24 Views


Concealment of Income::

  CA.Saibaburao Nanduri    07 September 2007 at 00:19

Held by the Hon"ble court that the expression "money" has different shades of meaning. In the context of income tax provisions, it can only be a curreny token, bank notes or other circulating medium in general use, which has representative value. The

Posted in Income Tax |   51 Views



Held by the Hon"ble court that where the assets of the business are let out temporarily while the assessee is carrying out his other business activities then it is a case of exploiting the business assets otherwise than employing them for his own use

Posted in Income Tax |   25 Views


Trading receipt ::

  CA.Saibaburao Nanduri    05 September 2007 at 20:42

Held by the Hon`ble Court that, mere fact that the assessee had given separate receipt to the costumers and made suspense account for excess price collected does not change the character of the transaction. Therefore the receipt is trading receipt.

Posted in Income Tax |   50 Views


APPEAL

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

If the notice returned unserved due to non-availability of proper address cannot be held as empathy on the part of Revenue. Hence, the appeal got dissmissed

Posted in Income Tax |   32 Views


Applicability of Section 40(b) ::

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

Discounts are given for business exigencies to everyone and as such discounts are neither salary nor commission, provisions of section 40(b) are not applicable to such discounts.

Posted in Income Tax |   34 Views



The property of the father inherited by his son, assessed in his individual capacity and not as karta of the HUF.Hence, income from such property belonged to the assessee.

Posted in Income Tax |   43 Views


Capital or revenue expenditure !

  CA.Saibaburao Nanduri    05 September 2007 at 11:25

Membership and entry of a dealer in the OTC Exchange was only on payment of non-refundable deposits, upon the non payment of which the assessee would have been termed as an "inactive" member. This payment could not be treated as one of an "enduring n

Posted in Income Tax |   15 Views


Certificate under section 12 A ::

  CA.Saibaburao Nanduri    04 September 2007 at 19:50

Any society merely because it has religious nature it can not be debarred from grant of registration under section 12A.

Posted in Income Tax |   39 Views