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Landmark Rulings

Supreme Court — Direct Tax

877 rulings

  1. Supreme Court · 23 Nov 2022
    Fresh issue of notice was not warranted, since Section 129 permits continuation with the earlier proceedings in case of change of the AO from the stage at which the proceedings were before the earlier AO.

    Mastech Technologies Pvt. Ltd. (Now Avaids Technovators Pvt. Ltd.) Vs DY. COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30475 (SC) · Section 129

  2. Supreme Court · 17 Nov 2022
    The two Vice Presidents meet the eligibility requirements for holding the office to which they have been appointed in Jan'20.

    Aniruthan Vs UNION OF INDIA & ORS.

    (2022) TaxCorp(LJ) 30446 (SC)

  3. Supreme Court · 15 Nov 2022
    The lack of control that the airlines have over the Actual Fare charged by the travel agents over and above the Net Fare, cannot form the legal basis for the Assessees to avoid their liability.

    Singapore Airlines Ltd Vs C.I.T., Delhi

    (2022) TaxCorp(LJ) 30428 (SC)

  4. Supreme Court · 03 Nov 2022
    The judgment, has to be understood in the context, which is that they apply for the assessment years in question, which were before this court and were decided.

    Ahmedabad Urban Development Authority Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30347 (SC)

  5. Supreme Court · 31 Oct 2022
    No error has been committed by the ITAT or HC in deciding the chargeability of TDS where value of non-convertible debentures and fixed deposit was less than Rs.5,000.

    Jai Prakash Associates Ltd Vs COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30326 (SC)

  6. Supreme Court · 19 Oct 2022
    Despite advancing general public utility, the Trust cannot benefit from exemption offered to entities covered by Section 2(15) where records reveal that income received from advertisements, constituted business or commercial receipts.

    Ahmedabad Urban Development Authority Vs ASSISTANT COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30283 (SC)

  7. Supreme Court · 19 Oct 2022
    Having carefully gone through the Review Petition, the order under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record, warranting reconsideration of the order impugned.

    Wipro Limited Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30282 (SC) · Section 10B

  8. Supreme Court · 19 Oct 2022
    The education institutions shall solely engage in education or educational activities, and not engage in any activity of profit, means that such institutions cannot have objects which are unrelated to education.

    NEW NOBLE EDUCATIONAL SOCIETY Vs THE CHIEF COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 30280 (SC)

  9. Supreme Court · 18 Oct 2022
    Section 148A(d) order and reiterated that it was not necessary for the Revenue to have some fresh tangible material to form a belief that income had escaped assessment where the Assessee’s return was only processed under Section 143(1).

    Ernst And Young U. S. LLP Vs ASSISTANT COMMISSIONER OF INCOME TAX & ANR

    (2022) TaxCorp(LJ) 30277 (SC)

  10. Supreme Court · 17 Oct 2022
    We cannot apply a hybrid method of valuation and valuation of unquoted shares has to be valued as per Rule 11 on standalone basis.

    BPL Limited Vs DEPUTY COMMISSIONER OF GIFT TAX

    (2022) TaxCorp(LJ) 30269 (SC)

  11. Supreme Court · 14 Oct 2022
    Order passed by the Calcutta HC is without any notice or opportunity to the Union of India and others, therefore is in violation of the principles of natural justice.

    G.M. Foods & Ors Vs UNION OF INDIA

    (2022) TaxCorp(LJ) 30248 (SC)

  12. Supreme Court · 13 Oct 2022
    Deposit of employees' PF and ESI contribution specified under Section 36(1)(va) on or before the due date stipulated in the respective statutes to be an essential condition for claiming deduction.

    Checkmate Services P. Ltd Vs COMMISSIONER OF INCOME TAX-1

    (2022) TaxCorp(LJ) 30240 (SC)

  13. Supreme Court · 19 Sep 2022
    The numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment.

    Trimurthi Fragrances (P) Ltd Vs GOVERNMENT OF N.C.T. OF DELHI

    (2022) TaxCorp(LJ) 30093 (SC)

  14. Supreme Court · 09 Sep 2022
    Parties would be entitled to raise all pleas and contentions including reliance on the judgment in the case of Engineering Analysis and the contention of the Revenue that notwithstanding the said judgment, the payments would be covered under the head Royalty etc.

    Infosys Technologies Ltd.ETC Vs THE COMMISSIONER OF INCOME TAX & ANR.

    (2022) TaxCorp(LJ) 30038 (SC)

  15. Supreme Court · 08 Sep 2022
    For rectification of errors statutory remedy exists in law.

    Anshul Jain Vs PRINCIPAL COMMISSIONER OF INCOME TAX & ANR.

    (2022) TaxCorp(LJ) 30031 (SC)

  16. Supreme Court · 02 Sep 2022
    HC ruling cannot be treated as precedent while keeping the question of law on CBDT’s powers under Section 119(2)(b) open for consideration in an appropriate case.

    Vasudeva Adigas Fast Food Pvt. Ltd Vs Central Board of Direct Taxes & Others

    (2022) TaxCorp(LJ) 29996 (SC)

  17. Supreme Court · 25 Aug 2022
    There is nothing on record to suggest that the requirement of law that the bad debt was written-off as irrecoverable in the Assessee’s accounts for the previous year had been satisfied.

    Khyati Realtors Pvt. Ltd Vs PR. COMMISSIONER OF INCOME TAX 6

    (2022) TaxCorp(LJ) 29952 (SC)

  18. Supreme Court · 23 Aug 2022
    The Benami Transactions (Prohibition) Amendment Act, 2016 (2016 Act) prescribes substantive provisions and is not merely procedural.

    Ganpati Dealcom Pvt. Ltd Vs UNION OF INDIA & ANR.

    (2022) TaxCorp(LJ) 29936 (SC)

  19. Supreme Court · 22 Aug 2022
    Assessee is not permitted to file the review on whether the Assessee can be treated at par with the Central/State Government employees or not for the purpose of Section 17.

    Indian Institute Of Science Vs DY. COMMISSIONER OF INCOME TAX

    (2022) TaxCorp(LJ) 29929 (SC)

  20. Supreme Court · 18 Aug 2022
    The power of transfer exercisable under Section 127 is relatable only to the jurisdiction of the Income Tax Authorities. It has no bearing on the ITAT, much less on a High Court.

    ABC Papers Limited Vs PR. COMMISSIONER OF INCOME TAX – I

    (2022) TaxCorp(LJ) 29911 (SC) · Section 127

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