-
SC - SLP Dismissed - HC had allowed deduction u/s 37 towards royalty payments calculated on the basis of international price and not on the basis of discounted sale price.
Commissioner Of Income Tax Vs. Oil And Natural Gas Corporation Ltd.
(2016) TaxCorp(LJ) 11575 (SC) · Section. 37
-
SC - Comparable sales, if otherwise genuine and proved, cannot be shunted out from the process of consideration of relevant materials for arriving at acquisition cost u/s 55(2).
Ashok Prapann Sharma vs. CIT
(2016) TaxCorp(LJ) 11571 (SC) · Section. 55(2)
-
S. 55(2): In determining the cost of acquisition as on 01.04.1974 (or 01.04.1981), the value declared in the wealth-tax return as well as the comparable sales, even if later in point of time, have to be considered. The High Court should not interfere with findings of fact, unless palpably incorrect
Ashok Prapann Sharma vs. CIT
(2016) TaxCorp(LJ) 11564 (SC) · Section 55(2)
-
SC - CIT(A) has powers to examine the validity of search operations carried out u/s 132.
Eee Dee Aluminium Ltd. Vs. DDIT
(2016) TaxCorp(LJ) 11520 (SC) · Section. 246A
-
SC - SLP Dismissed - HC had held that assessee has adequately discharged its onus u/s 68 with respect to identity, capacity and credit worthiness of lead manager of FCCB and not genuineness of actual subscribers.
CIT. vs. Reliance Communication Ltd.
(2016) TaxCorp(LJ) 11518 (SC)
-
SC - SLP Dismissed - HC had held that in case of violation u/s 11(5) and 13(1)(d), exemption granted to the assessee shall not be withdrawn for the entire income but only towards income arising from the investment made in violation of sec. 13.
CIT. vs. Karnataka Industrial Area, Development Board
(2016) TaxCorp(LJ) 11487 (SC) · Sections. 11, 13
-
SC - Review petition dismissd - Share capital received by assessee on account of share capital from various shareholders towards allotment of flats is not business income.
M/S G. S. Homes And Hotels Pvt Ltd. Vs. The Deputy Commissioner Of Income Tax
(2016) TaxCorp(LJ) 11465 (SC)
-
SC - Income addition upheld for creation of accounts by way of ‘name-lending’.
CIT. vs. Karnataka Planters Coffee Curing Work(P) Ltd.
(2016) TaxCorp(LJ) 11459 (SC)
-
SC - SLP dismissed - HC had held that Sec 80IA deduction is available without setting-off earlier-years’ depreciation/losses.
Velayudhaswamy Spinning Mills Vs. Assistant Commr. Of I.T.
(2016) TaxCorp(LJ) 11457 (SC) · Section. 80IA
-
SC - The only condition prescribed u/s 127 was to give the assessee a reasonable opportunity of being heard and the CIT had “unfettered” power under the machinery provision of transfer. Sec. 127 did not require the CIT to provide reasons for transfer.
Noorul Islam Educational Trust vs. CIT
(2016) TaxCorp(LJ) 11402 (SC) · Section. 127
-
SC - The appellants as erstwhile partners are liable to pay capital gain on the amount received by them towards the value of their share in the net assets of the firm. Liable for capital gains u/s 45.
Vatsala Shenoy Versus Joint Commissioner of Income Tax (Assessment), Mysore
(2016) TaxCorp(LJ) 11350 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=66582&Category=Judgment&CategoryType=Zip
-
S. 50B: Important law explained on what constitutes a "slump sale" and whether capital gains on liquidation of a firm are chargeable to tax
Vatsala Shenoy vs. JCIT
(2016) TaxCorp(LJ) 11340 (SC) · Section 50B
-
SC - Interest on debentures, upfront fees and interest on deposits given to other corporations by a company, are not chargeable to tax under erstwhile Interest Tax Act, 1974.
CIT. vs. Gujarat Industrial Investment Corp.
(2016) TaxCorp(LJ) 11238 (SC)
-
SC - Sec. 54E exemption available to assessee-company for AY 1989-90 in respect of capital gains arising on transfer of a depreciable asset held for more than 36 months.
CIT. vs. V. S. Dempo Company Ltd.
(2016) TaxCorp(LJ) 11205 (SC) · Section. 54E
-
SC - Expenditure incurred on issue of shares is eligible to be amortized u/s 35D since the very same provisions benefit is allowed for the first two Assessment Years.
M/s. SHASUN CHEMICALS AND DRUGS LTD. Versus COMMISSIONER OF INCOME TAX-II, CHENNAI
(2016) TaxCorp(LJ) 11195 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=66395&Category=Judgment&CategoryType=Zip
-
SC - Deduction u/s 36(1)(ii) is available to assessee-company for payment of bonus to employees through a Trust. Sec 40A(9) not applicable to payment of bonus as sub-clause (ii) of Sec 36(1) not covered therein.
Shasun Chemicals and Drugs Ltd. vs. CIT
(2016) TaxCorp(LJ) 11193 (SC) · Sections. 36(1)(ii), 40A(9)
-
SC - SLP Dismissed - HC had held that if the transfer was conditional and if the assessee fails to comply with conditions and therefore, the shares could not be transferred in his name, then, applicability of Section 28(iv) is ruled out.
COMMISSIONER OF INCOME TAX Versus SHRI ASHISH P. DEORA
(2016) TaxCorp(LJ) 11185 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=66376&Category=Judgment&CategoryType=Zip
-
SC - SLP Dismissed - HC had held that “initial assessment year” u/s 80IA would mean the first AY opted by assessee to claim 80IA benefit and not the year of commencement of eligible business.
CIT. vs. P. S. Velusamy
(2016) TaxCorp(LJ) 11153 (SC) · Section. 80IA
-
SC - Section 44AD not applicable to assessee engaged in civil contracts businesss as the gross receipts exceed the eligible limit of Rs 40 lakhs prescribed under proviso to Sec 44AD(2)
Awasthi Traders vs. CIT
(2016) TaxCorp(LJ) 11152 (SC) · Section. 44AD
-
Refundable deposits received by a housing company for allotment of flats and future maintenance is business income. However, share capital received for allotment of flats is a capital receipt and not income. The principles of mutuality does not apply to such transactions
G. S. Homes & Hotels P. Ltd vs. CIT
(2016) TaxCorp(LJ) 11129 (SC)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.