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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)
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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)
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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
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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
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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)
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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)
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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)
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SC - Govt. will abide by the CBDT circular dated September 2 & subsequent Press Release dated September 24 on MAT.
Castleton Investment Ltd vs. DIR of IT International Taxation
(2015) TaxCorp(LJ) 9053 (SC)
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SC - UPSC to reconsider CIT’s promotion claim to the post of CCIT. promotion can’t be denied on the basis of un-communicated ACRs.
Prabhu Dayal Khandelwal vs. Chairman, U.P.S.C. & Ors.
(2015) TaxCorp(LJ) 9028 (SC)
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SC - Assessee can exercise option of income accumulation in its return of income. A charitable trust (for relevant AY 1994-95) could accumulate only upto 25% of total receipts.
CIT. vs. G.R. Govindarajulu & Sons
(2015) TaxCorp(LJ) 8963 (SC)
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SC - Entire law on the taxation of deceased persons and their estate explained in the context of the Income-tax Act and the Central Excise Act
Shabina Abraham & Ors vs. Collector of Central Excise
(2015) TaxCorp(LJ) 8955 (SC)
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SC - Important principles relating to valuation of property subject to the Land Ceiling Act explained in the context of the Wealth-tax Act
Sri S. N. Wadiyar (Dead) Through LR vs. CWT
(2015) TaxCorp(LJ) 8954 (SC)
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SC - Section 11B of the Central Excise Act, as amended, applies to the cases where though an order has been passed directing refund, implementation of the order is pending.
COMMISSIONER OF CENTRAL EXCISE V/s. M/S. DALMIA CEMENTS (BHARAT) LTD.
(2015) TaxCorp(LJ) 8892 (SC) · Section. 11B
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SC - SLP Dismissed - HC had quashed sec 271(1)(c) penalty as assessee’s wrong deduction claim was based on legal advice rendered by professionally qualified persons.
CIT vs. Rave Entertainment Pvt Ltd
(2015) TaxCorp(LJ) 8879 (SC) · Section 271(1)(c)
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SC - Mere possession and recovery of currency notes from an accused is not sufficient to establish an offense under the Prevention of Corruption Act. Proof of demand of illegal gratification is essential. Its absence is fatal to the complaint
P. Satyanarayana Murthy vs. Dist. Inspector of Police
(2015) TaxCorp(LJ) 8836 (SC)
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SC - The "functional" test has to be applied to determine whether an asset is "plant". Even a pond designed for rearing prawns can be "plant"
ACIT vs. Victory Aqua Farm Ltd
(2015) TaxCorp(LJ) 8835 (SC) · Section 32
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SC - ‘Natural pond’ which as per the assessee is specially designed for rearing prawns would be treated as ‘Plant’ within Section 32 of the Income-tax Act, 1961.
Victory Aqua Farm Ltd. Vs. ACIT
(2015) TaxCorp(LJ) 8833 (SC)
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SC - High Courts being Courts of Record under Article 215 of the Constitution of India, the power of review would in fact inhere in them.
Commissioner of Income Tax Vs. M/s. Meghalaya Steels Ltd.
(2015) TaxCorp(LJ) 8813 (SC)
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HC - Even during the period when the facility of payment of excise duty in instalments on fortnightly basis is not available and remains suspended, the only obligation for the assessee is to pay the duty on each clearance and not on deferred basis and it can be paid either through account current or Cenvat Credit.
M/s Jayaswal Neco Ltd. V/s Commissioner of Central Excise, Raipur
(2015) TaxCorp(LJ) 8812 (SC)
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Law Commission and the Bar Council of India should consider whether Advocates should be tested for fitness and competence to argue matters
Shiv Kumar Yadav
(2015) TaxCorp(LJ) 8806 (SC)
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