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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)
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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)
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For rectification of errors statutory remedy exists in law.
Anshul Jain Vs PRINCIPAL COMMISSIONER OF INCOME TAX & ANR.
(2022) TaxCorp(LJ) 30031 (SC)
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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)
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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)
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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)
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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)
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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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TDS is adjustable against the tax, if any, ultimately assessed as payable by the Assessee and any excess tax deducted is refundable with interest.
National Petroleum Construction Company Vs DEPUTY COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29784 (SC)
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The sufficiency or inadequacy of the reasons to believe recorded cannot be gone into while considering the validity of an act of authorization to conduct search and seizure.
Laljibhai Kanjibhai Mandalia Vs PRINCIPAL DIRECTOR OF INCOME TAX
(2022) TaxCorp(LJ) 29678 (SC)
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Exemption provisions have to be strictly and literally be complied with.
Wipro Limited Vs Principal Commissioner of Income Tax-III
(2022) TaxCorp(LJ) 29662 (SC) · Section 10B
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The demand shall remain in abeyance till the disposal of the appeal scheduled for hearing on March 31, 2021.
India Power Corporation Limited & Anr Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29592 (SC)
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Unless the assessee falls within Sec. 2(15), excluding first proviso, the assessee would not be entitled to the benefit of exemption from tax and if in case assessee falls within first proviso the benefit of registration which flow from Section 12A will not be available.
Gujarat Maritime Board Vs THE COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29481 (SC) · Section 2(15)
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ITAT may, u/s 254(1), pass such orders as it thinks fit, nonetheless, the decision must be in respect of the subject matter of the dispute.
Divine Infracon Pvt Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 29478 (SC)
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Recourse to Sec 144 is not applicable in the present case since books of accounts though maintained by the assessee but not produced, thus, all expenses claimed by the assessee should be added back as income.
Hyundai Heavy Industries Co. Ltd Vs DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION)
(2022) TaxCorp(LJ) 29467 (SC)
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Any order of stay shall stand vacated after the expiry of the period only if the delay in disposing of the appeal is attributable to the assessee.
Pepsi Foods Ltd. (Now Pepsico India Holdings Pvt. Ltd.) Vs DEPUTY COMMISSIONER OF INCOME TAX & ANR.
(2022) TaxCorp(LJ) 29466 (SC)
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RBI Circulars, or even a CBDT Circular issued in general, could not be relied on for deciding whether an asset is a trading asset or an investment asset.
Kotak Mahindra Bank Limited Vs THE COMMISSIONER OF INCOME TAX & ANR.
(2022) TaxCorp(LJ) 29464 (SC)
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Jurisdictional error is distinguishable from an error of law/fact within the jurisdiction and the latter is rectifiable within the statutory framework.
GIAN Castings Private Limited Vs CENTRAL BOARD OF DIRECT TAXES & ORS.
(2022) TaxCorp(LJ) 29432 (SC)
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It is only the business income which has to be taken into account for the purpose of setting-off the deductions u/s 80-IA and 80-IB.
Reliance Energy Ltd. Vs Commissioner of Income Tax-I
(2022) TaxCorp(LJ) 29256 (SC) · Section 80IA
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It would not be expedient in the interests of justice to pursue proceedings under the contempt jurisdiction.
Advocate Association Bengaluru Vs Anoop Kumar Mendiratta and Anr
(2022) TaxCorp(LJ) 29215 (SC)
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