Supreme Court — Direct Tax

1. Supreme Court · 05 Aug 2015
   SC - AY 1998-99 - TDS u/s 194C @ 2% and not u/s 194I @ 20% applicable while making payment for landing and parking charges to Airport Authority of India.

   Japan Airlines Co Ltd vs CIT

   (2015) TaxCorp(LJ) 8401 (SC) · Section 194I

2. Supreme Court · 06 Aug 2015
   S. 194-I: In deciding whether a payment is for "use of land", the substance of the transaction has to be seen. If the payment is for a variety of services and the use of land is minor, the payment cannot be treated as "rent"

   Japan Airlines Co. Ltd vs. CIT

   (2015) TaxCorp(LJ) 8385 (SC) · Section 194-I

3. Supreme Court · 05 May 2015
   Supervising & Liasioning in relation to loading goods cannot be classified as C & F Agents services

   M/s. Coal Handlers Private Ltd. vs. CCE

   (2015) TaxCorp(LJ) 7208 (SC)

4. Supreme Court · 04 Jul 2015
   SC - S. 24-AA Surtax Act - Principles of interpretation of a law conferring an exemption or concession explained

   Oil & Natural Gas Corporation Limited vs. CIT

   (2015) TaxCorp(LJ) 7098 (SC) · Section 24-AA

5. Supreme Court · 07 Jul 2015
   SC - Law on impleading Court / Tribunal as 'party' while deciding writs.

   Sh. Jogendrasinhji Vijaysinghji vs. State of Gujarat & Others

   (2015) TaxCorp(LJ) 7096 (SC)

6. Supreme Court · 01 Jul 2015
   SC - Payments made by ONGC and received by the non-resident assessees or foreign companies under the said contracts is more appropriately assessable under the provisions of Section 44BB and not Section 44D of the Act.

   Oil and Natural Gas Corporation Vs. CIT

   (2015) TaxCorp(LJ) 7081 (SC) · Sections. 44BB, 44D

7. Supreme Court · 02 Jul 2015
   SC - ONGC's payments for supervisory services taxable u/s 44BB, not u/s 44D.

   Oil & Natural Gas Corporation Limited vs. CIT

   (2015) TaxCorp(LJ) 7042 (SC) · Sections. 44BB, 44D

8. Supreme Court · 23 Jun 2015
   SC - Factory building let-out to subsidiary company is subject to wealth tax u/s 40(3) of Finance Act, 1983 for AY 1984-85

   KAPRI INTERNATIONAL (P) LTD Vs Commissioner of welath tax

   (2015) TaxCorp(LJ) 6936 (SC)

9. Supreme Court · 15 May 2015
   SC - It is not open to the assessee to claim depreciation for the current year and not claim unabsorbed depreciation of the previous years

   Seshasayee Paper and Board Limited Vs. DCIT

   (2015) TaxCorp(LJ) 6836 (SC)

10. Supreme Court · 05 Jun 2015
    SC - Gujarat HC’s direction is to be substituted with respect to striking down Sec 80HHC retro amendment on DEPB.

    CIT. vs. Avani Exports & Anr.

    (2015) TaxCorp(LJ) 6832 (SC) · Section. 80HHC

11. Supreme Court · 05 Jun 2015
    SC - HC’s order quashing re-assessment notice under writ jurisdiction is to be quashed as the is erroneous.

    DCIT. & Anr. vs. Zuari Estate Dev. & Investment Comp. Ltd.

    (2015) TaxCorp(LJ) 6830 (SC)

12. Supreme Court · 20 May 2015
    HC - As amendment made to provisions of section 40A(3) with effect from 1-4-1996 being substantive in nature could not be applied retrospectively

    M.G. Pictures (Madras) Ltd. v. Assistant Commissioner of Income-tax, Chennai

    (2015) TaxCorp(LJ) 6625 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=60754&Category=Judgment&CategoryType=Zip

13. Supreme Court · 20 May 2015
    HC - Gas cylinders purchased for business purpose but leased out said cylinders to other party and income from such leasing was treated as business income, assessee was entitled to depreciation on those cylinders.

    K.M. Sugar Mills Ltd. v. Commissioner of Income-tax

    (2015) TaxCorp(LJ) 6620 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=60757&Category=Judgment&CategoryType=Zip

14. Supreme Court · 19 May 2015
    SC - The assessee has the right to disclaim depreciation in its entirety. However, it cannot claim depreciation for the current year and disclaim unabsorbed depreciation

    Seshasayee Paper & Boards Ltd vs. CIT

    (2015) TaxCorp(LJ) 6611 (SC) · Section 32

15. Supreme Court · 18 May 2015
    SC -Housing projects sanctioned and commenced prior to April 1, 2005 but completed by stipulated date as prescribed by Sec 80IB(10) thereafter, are also entitled for the deduction

    CIT. vs. Sarkar Builders

    (2015) TaxCorp(LJ) 6610 (SC) · Section. 80IB

16. Supreme Court · 14 May 2015
    SC upholds constitutional validity of NCLT

    MADRAS BAR ASSOCIATION VERSUS UNION OF INDIA & ANR.

    (2015) TaxCorp(LJ) 6573 (SC)

17. Supreme Court · 15 May 2015
    SC - Assesse is not entitled to section 42 benefit in respect of oil-exploration contract entered with Ministry of Petroleum and Natural Gas (MoPNG). Further, In a matter of private character or purely contractual field, no public duty element is involved and, thus, mandamus will not lie.

    Joshi Technologies International Inc. vs. UOI & Ors.

    (2015) TaxCorp(LJ) 6569 (SC) · Section. 42

18. Supreme Court · 14 May 2015
    SC - Hospital building subject to wealth tax u/s 40(3) of Finance Act, 1983

    Cosmopolitan Hospitals vs Commissioner Of Wealth tax

    (2015) TaxCorp(LJ) 6552 (SC)

19. Supreme Court · 13 May 2015
    SC - HC's interdiction of block-assessment proceedings by interfering with warrant of search authorization is invalid. No prior communication of search-reasons necessary.

    DGIT vs. Spacewood Furnishers Pvt. Ltd. & Ors.

    (2015) TaxCorp(LJ) 6551 (SC)

20. Supreme Court · 12 May 2015
    SC - Sec 43B is applicable to outstanding vend fee payable to State Government as clause (a) to Sec 43B considerably widened by the addition of the words “by whatever name called”.

    CIT. vs. Travancore Sugars & Chemicals Ltd.

    (2015) TaxCorp(LJ) 6510 (SC) · Section. 43B

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