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Landmark Rulings

Supreme Court — Direct Tax

891 rulings

  1. Supreme Court · 11 Mar 2015
    SC- SLP Dismissed. The discretion to quash notices u/s.148 can be exercised in favour of the writ petitioner only if his conduct has been in conformity with law.

    ADOBE SYSTEMS SOFTWARE IRELAND LTD Vs ADIT

    (2015) TaxCorp(LJ) 5676 (SC) · Section 148

  2. Supreme Court · 11 Mar 2015
    SC - Commission paid by assessee, a liquor manufacturer to agents coordinating with retailers and State Corporations with respect to liquor supply is not allowed as deduction u/s 37(1)

    Premier Breweries Ltd. vs. CIT

    (2015) TaxCorp(LJ) 5674 (SC)

  3. Supreme Court · 21 Feb 2015
    SC - Assessee is entitled to reduce from its book profits, the profits derived from its CPPs, in determining tax payable for the purposes of Section 115JA of the Act.

    COMMISSIONER OF INCOME-TAX, DELHI Versus M/s. DCM SHRIRAM CONSOLIDATED LTD.

    (2015) TaxCorp(LJ) 5475 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=58634&Category=Judgment&CategoryType=Zip

  4. Supreme Court · 19 Feb 2015
    SC - Verdict of Bombay High Court in The Indian Hume Pipe Co Ltd vs. ACIT 348 ITR 439 that “full & true disclosure of material facts” means “specific” disclosure of “each” fact nullified

    The Indian Hume Pipe Co Ltd vs. ACIT

    (2015) TaxCorp(LJ) 5448 (SC) · Section 147

  5. Supreme Court · 19 Feb 2015
    SC - Payment of ‘success fee’ to a Foreign Company, acting as a ‘financial advisor’ to assessee, is taxable as FTS u/s 9(1)(vii)(b); Consequently assessee is liable to deduct tax at source while making ‘success fee’ payment

    GVK Industries Ltd. & Anr. vs. The Income Tax Officer & Anr.

    (2015) TaxCorp(LJ) 5410 (SC)

  6. Supreme Court · 10 Feb 2015
    SC - Whether the competent authority had formed the opinion on the basis of any acceptable material or not, as is clear as crystal, the High Court has not even remotely tried to see the reasons or scrutinized file before quashing search and seizure order of revenue, matter was to be remanded back

    Union of India v. Agarwal Iron Industries

    (2015) TaxCorp(LJ) 5313 (SC) · http://taxcorp.in/FileOpenDT.aspx?ID=58652&Category=Judgment&CategoryType=Zip

  7. Supreme Court · 06 Feb 2015
    SC - SLP Dismissed. Sec 80IB cannot be interpreted so as to render the provisions of Sec 115JB nugatory or otiose or ineffective or does not achieve the purpose for which it is enacted.

    Sankhla Polymers (P)Ltd vs. ITO

    (2015) TaxCorp(LJ) 5286 (SC) · Section. 80IB

  8. Supreme Court · 06 Feb 2015
    SC - Directions of Bombay High Court imposing cost of Rs. 1 lac on Income tax Department for 'frivolous' appeal set aside

    Commissioner Of Income Tax Vs. S Larsen And Tourbo Ltd.

    (2015) TaxCorp(LJ) 5281 (SC)

  9. Supreme Court · 05 Feb 2015
    SC - SLP Dismissed. High Court held that the order u/s.35(2AB) is in due compliance with and according to the Act and Rules read with the DSIR guidelines

    Apollo Tyres Ltd vs. Union Of India & Anr

    (2015) TaxCorp(LJ) 5224 (SC) · Section. 352(AB)

  10. Supreme Court · 30 Jan 2015
    SC- SC upholds the levy of sales tax on Processing and supplying of Photographs, Photo Prints and Photo negatives retrospectively with effect from 01.07.1989

    State of Karnataka etc. vs. M/s. Pro Lab & Others

    (2015) TaxCorp(LJ) 5164 (SC)

  11. Supreme Court · 23 Jan 2015
    SC - SLP Dismissed. Income from non-performing asset should be recognized only when the same was actually received

    CIT vs. The Urban Co-operative Bank Ltd

    (2015) TaxCorp(LJ) 5140 (SC)

  12. Supreme Court · 07 Jan 2015
    SC - Service tax applicable on BCCI for recording IPL cricket matches

    Board Of Control For Cricket In India Vs. Commissioner Of Service Tax

    (2015) TaxCorp(LJ) 5056 (SC)

  13. Supreme Court · 08 Jan 2015
    SC- SLP dismissed against order of High Court Expounding law on 271(l)(c)

    CIT vs. V S Lad & Sons

    (2015) TaxCorp(LJ) 5027 (SC) · Section 271(l)(c)

  14. Supreme Court · 24 Dec 2014
    SC - SLP Dismissed. AS-7 only applies when the person who enters into contract for agreement to sell undertakes the construction personally

    Thumbsay Holdings (P) Ltd vs CIT

    (2014) TaxCorp(LJ) 4847 (SC)

  15. Supreme Court · 18 Dec 2014
    SC - High Court of Delhi held that service tax audits conducted u/r 5A(2) of Service tax rules, 1994 are not valid in law. Apex Court has granted a stay on the operation of the judgement made by High Court

    UNION OF INDIA & ORS. Vs. M/S Travelite (India)

    (2014) TaxCorp(LJ) 4810 (SC)

  16. Supreme Court · 18 Aug 1978
    SC - Courts of law have to judge evidence before them by applying the well recognised test of basic human probabilities. Strong suspicions, strange coincidences and grave doubts cannot take the place of legal proof. The prosecution could have established that the secret books of account related to the business transactions carried on by the respondents and none else in a variety of ways.

    STATE OF KERALA Vs. MATHEW (M. M. ) AND ANR.

    (2014) TaxCorp(LJ) 4809 (SC)

  17. Supreme Court · 17 Dec 2014
    SC - The mobile/cell phone charger is an accessory to cell phone and is not a part of the cell phone

    STATE OF PUNJAB & ORS. v. NOKIA INDIA PVT. LTD.

    (2014) TaxCorp(LJ) 4806 (SC)

  18. Supreme Court · 15 Dec 2014
    SC - SLP Dismissed - No concealment penalty on voluntarily-surrendered income

    CIT vs. Vinay Sharma

    (2014) TaxCorp(LJ) 4793 (SC)

  19. Supreme Court · 11 Dec 2014
    SC - SLP Dismissed

    Shahrooq Ali Khan vs CIT & Anr.

    (2014) TaxCorp(LJ) 4785 (SC)

  20. Supreme Court · 14 Nov 2014
    SC - Tribunal could not have dismissed the appeal filed by the appellant for want of prosecution and it ought to have decided the appeal on merits even if the appellant or its counsel was not present when the appeal was taken up for hearing

    Balaji Steel Re-Rolling Mills Vs. Commissioner Of Central Excise And Customs

    (2014) TaxCorp(LJ) 4754 (SC)

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