Income Tax Judgements


UNDISCLOSED INCOME ::

  CA.Saibaburao Nanduri    11 January 2008 at 22:55

Held by the Hon`ble Court that, loose papers themselves not indicating receipt of undisclosed income and in the absence of opportunity of cross examination, additions on the basis of entries on loose papers found during search not justified in law.

Posted in Income Tax |   115 Views


S. 80P- DEDUCTION UNDER.

  kavita jain    11 January 2008 at 22:55

A co-operative bank, carrying on business of banking, statutorily required to place a part of its fund in approved securities, income arising from such investment is deductible under section 80P .

Posted in Income Tax |   101 Views



From the statutory provisions, it is clear that to hold a person responsible under the Act, it must be shown that he/she is a ‘principal officer’ under section 2(35) of the Act or is ‘in charge of’ and ‘responsible for’ the business of the company or

Posted in Income Tax |   268 Views



The conditions precedent for invoking the provisions of section 158BD thus, are required to be satisfied before the provisions of the Chapter XIV-B are applied in relation to any person, other than the person whose premises had been searched under se

Posted in Income Tax |   83 Views


S. 263 vis-a-vis S. 154

  kavita jain    09 January 2008 at 16:08

The scope and ambit of a proceeding for rectification of an order under section 154 and a proceeding for revision under section 263 are distinct and different. Order of rectification can be passed on certain contingencies. It does not confer a power

Posted in Income Tax |   362 Views



The expression ¡¥commercial expediency¡¦ is an expression of wide import and includes such expenditure as a prudent businessman incurs for the purpose of business. The expenditure may not have been incurred under any legal obligation, yet it is allow

Posted in Income Tax |   151 Views


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 |   104 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 |   91 Views


S.144- Best judgment assessment.

  kavita jain    08 January 2008 at 21:50

It is well-settled that in a best judgment assessment, there is always a certain degree of guess work. No doubt, the authorities concerned should try to make an honest and fair estimate of the income even in a best judgment assessment, and should not

Posted in Income Tax |   119 Views



Existence of mens rea is essentially a question of fact. The Tribunal alone, as the highest authority empowered to determine the question of fact, would be entitled to go thereinto. However, the same would not mean that the High Court will have no ju

Posted in Income Tax |   81 Views




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