-
SC - HC to admit Revenue’s appeal on identical issue admitted earlier.
CIT vs. Bangalore Housing Dev. & Investments
(2016) TaxCorp(LJ) 9806 (SC)
-
S. 271C: Penalty for failure to deduct TDS cannot be levied if Dept is unable to show contumacious conduct on the part of the assessee
CIT vs. Bank Of Nova Scotia
(2016) TaxCorp(LJ) 9801 (SC) · Section 271C
-
SC - Though HC in exercise of its reference jurisdiction cannot review findings of fact arrived at by ITAT by way of re-appreciation and reappraisal of evidence on record, but empowered to re-appraise existing facts not considered by ITAT.
M/S GANAPATHY & CO., Vs THE COMMISSIONER, INCOME TAX
(2016) TaxCorp(LJ) 9788 (SC)
-
SC - Depreciation claim to be disallowed being 'sham' on machinery purchased from Andhra Pradesh State Electricity Board and then leased back.
Avasarala Technologies Ltd. vs JCIT
(2016) TaxCorp(LJ) 9779 (SC)
-
SC - SLP Dismissed - HC had held that rental income derived from leasing of commercial property was taxable as 'income from house property'.
Keyaram Hotels P. Ltd. vs. DCIT
(2015) TaxCorp(LJ) 9745 (SC)
-
SC - Interest earned on share-application money is taxable only post allotment of shares and not on receipt of application money.
CIT vs. Henkel Spic India Ltd.
(2015) TaxCorp(LJ) 9675 (SC)
-
SC - Section 41 not applicable on pre-mature payment of deferred sales tax liability under the incentive scheme.
CIT vs. SI Group India Ltd.
(2015) TaxCorp(LJ) 9674 (SC) · Section 41
-
SC - SLP Dismissed - HC had held that when there is a clear admission, voluntarily made, by the assessee, that would constitute a good piece of evidence for the Revenue.
B. KISHORE KUMAR Vs THE DY. COMMISSIONER OF INCOME TAX
(2015) TaxCorp(LJ) 9592 (SC)
-
S. 3 of Indian Evidence Act: A "Compact Disc" (CD) is a "document" and is admissible as evidence
Shamsher Singh Verma vs. State of Haryana
(2015) TaxCorp(LJ) 9552 (SC) · Section 3
-
S. 143(1)/ 147: As a s. 143(1) intimation is not an assessment, there is no question of "change of opinion" by the AO
DCIT vs. Zuari Estate Development & Investment Co Ltd (Supreme Court)
(2015) TaxCorp(LJ) 9519 (SC) · Sections 143(1), 147
-
SC - SLP Dismissed - Karnataka HC had allowed deduction to assessee company for expenses incurred on buy-back of shares.
CIT vs. Motor Industries Co. Ltd
(2015) TaxCorp(LJ) 9509 (SC)
-
CBDT & Govt are bound by their own interpretation of a statutory provision. Principle of "contemporanea expositio" explained. The word "or" can be interpreted as "and" if the former leads to unintelligible and absurd results
Spentex Industries Ltd vs. CCE
(2015) TaxCorp(LJ) 9506 (SC)
-
SC - Loan advanced to subsidiary company was imperative as business expediency in view of undertaking given to the financial institutions for providing additional margin for subsidiary's working capital requirements. Interest deduction allowed.
Hero Cycles (P) Ltd vs CIT
(2015) TaxCorp(LJ) 9488 (SC)
-
Failure to give the assessee the right to cross-examine witnesses whose statements are relied up results in breach of principles of natural justice. It is a serious flaw which renders the order a nullity
Andaman Timber Industries vs. CCE
(2015) TaxCorp(LJ) 9446 (SC)
-
SC - SLP Dismissed - Karnataka HC had rejected denial of deduction based on 'window dressing' accounts and held that benefit could not be denied as there was no intention to avoid tax.
CIT vs. Karnataka Soaps And Detergents Ltd.
(2015) TaxCorp(LJ) 9435 (SC)
-
SC - Collaboration agreement for land development would be covered under the ambit of transfer u/s 269UA.
Unitech Ltd. vs. UOI
(2015) TaxCorp(LJ) 9365 (SC) · Section. 269UA
-
SC - SLP dismissed - HC had held that advances received for job work is not deemed dividend.
Commissioner of Income-tax-I v. Amrik Singh
(2015) TaxCorp(LJ) 9304 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=62200&Category=Judgment&CategoryType=Zip
-
SC - SLP - Dismissed - HC had rejected Revenue’s invocation of 'deemed dividend' provisions u/s 2(22)(e) on the ground that amount advanced by firm to assessee was out of company’s accumulated profits to assessee-shareholder.
CIT. vs. Subrata Roy Sahara
(2015) TaxCorp(LJ) 9292 (SC)
-
SC - Depreciation u/s 32 allowable on acquisition of trademarks, copyrights and know-how during AY 1995-96, as the same falls under the ambit of ‘plant’ definition u/s 43(3).
Mangalore Ganesh Beedi Works vs. CIT
(2015) TaxCorp(LJ) 9170 (SC)
-
SC - Petitioner-employee’s unexplained delay of over 5 years in filing writ petition upon State Government order dismissing him from service cannot be condoned.
State of Jammu & Kashmir vs. R.K. Zalpuri and others
(2015) TaxCorp(LJ) 9165 (SC)
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.