Judgements and Orders, Supreme Court and High courts of India


Section 147

  CA.Saibaburao Nanduri    20 May 2008 at 16:52

Held by the Hon`ble Court that, what the court is required to check is whether material exists on record for the A.O. to form the "reason to believe" and mere change in opinion on an interpretation of a provision by itself without anything more can n

Posted in Income Tax |   115 Views


Effect of section 44AD ::

  CA.Saibaburao Nanduri    20 May 2008 at 16:52

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 |   180 Views



Held by the hon`ble bench that as the carry forward of loss is permitted only when the return is filed within due date of filing of return, the mistake is apparent from the records, thus the A.O. can rectify the same by passing a order under section

Posted in Income Tax |   119 Views


Capital Gain::

  CA.Saibaburao Nanduri    19 May 2008 at 17:16

Held by the hon`ble bench that section 54F does not mention any sub-section of section 139, thus it cannot be interpreted as section 139(1). The amount of consideration from the sale of shares utilised before the date of filing of return u/s 139(4) i

Posted in Income Tax |   99 Views



Held that in order to allow interest paid on borrowings in case of partnership firms, the assessee first to establish that it is allowable u/s 36(1)(iii) and then it does not exceed amount in excess of the limit laid down in sec. 40(b)(iv). Also held

Posted in Income Tax |   93 Views


Unaccounted Income ::

  CA.Saibaburao Nanduri    18 May 2008 at 16:37

Held by the Hon`ble Court that, whenever there is concurrent finding by the below authorities no interference should be called for by the high court.

Posted in Income Tax |   95 Views



Held by the Hon`ble Bench that the income obtained was not merely because of the bare letting of the premises but also because of the facilities and services rendered and just as utilisation of accommodation for providing board and lodging facility t

Posted in Income Tax |   86 Views



Section 529A, read with section 457 of Companies Act, 1956 - Overriding preferential payments - Applicants were secured creditors of respondent company which was ordered to be wound up - As ordered by Court, Official liquidator sold assets of company

Posted in Corporate Law |   75 Views



Section 65 of the Finance Act, 1994 - Clearing and forwarding agent’s services - Period 1-9-1999 to 31-7-2002 - Assessee entered into an agreement with Gas Authority of India Ltd. (GAIL) titled ‘Consignment Stockistship Agreement’ - Under said agreem

Posted in Service Tax |   104 Views



Section 205A of the Companies Act, 1956 - Unpaid dividend to be transferred to special dividend account - Respondent filed a complaint under section 205A alleging that petitioner-company had declared dividend but did not transfer amount of dividends

Posted in Corporate Law |   59 Views




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