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Section 72A meant for Companies, No such provision which would permit the amalgamating co-operative society to carry forward and adjust such losses against the profits of the amalgamated co-operative society.
Rajasthan R S S & Ginning Mills FED. Ltd vs DCIT
(2014) TaxCorp(LJ) 3245 (SC-SC)
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Deal with the misuse of Public Interest Litigation with iron hand – SC
JAIPUR SHAHAR HINDU VIKAS SAMITI TR.PRES Vs. STATE OF RAJASTHAN TR.CHIEF SEC.& ORS.
(2014) TaxCorp(LJ) 3208 (SC-SC)
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Pvt firms including telecom Companies come in CAG ambit – SC
ASSO.OF UNIFIED TELE.SERV.PROV.& ORS. Vs. UNION OF INDIA & ORS.
(2014) TaxCorp(LJ) 3207 (SC-SC)
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SC grants recognition to transgenders / Eunuchs as third gender
National Legal Services Authority Versus Union of India
(2014) TaxCorp(LJ) 3205 (SC-SC)
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Govt woman employee can get uninterrupted 2-yr leave for child care – SC
Kakali Ghosh Versus Chief Secretary
(2014) TaxCorp(LJ) 3204 (SC-SC)
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S. 244A: Deductor entitled to interest on refund of excess TDS from date of payment
UOI vs. Tata Chemicals Ltd.
(2014) TaxCorp(LJ) 3196 (SC-SC) · S. 244A
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A charitable and religious trust which does not benefit any specific religious community is not hit by s. 13(1)(b) & is eligible to claim exemption u/s 11
CIT vs. M/s Dawoodi Bohara Jamat
(2014) TaxCorp(LJ) 3194 (SC-SC) · S. 13(1)(b)
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S. 158BC/ 158BD: Law on how & when “satisfaction” has to be recorded by AO to attain jurisdiction over non-searched person explained
CIT vs. Calcutta Knitwears
(2014) TaxCorp(LJ) 3185 (SC-SC) · S. 158BC, 158BD
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Satisfaction note issuance u/s 158BD - scope and possible interpretation of Section 158BD - “Satisfaction” has to be recorded by AO to attain jurisdiction over non-searched person - (a) at the time of or along with the initiation of proceedings against the searched person under Section 158BC of the Act; (b) along with the assessment proceedings under Section 158BC of the Act; and (c) immediately after the assessment proceedings are completed under Section 158BC of the Act of the searched person.
CIT vs Calcutta Knitwears
(2014) TaxCorp(LJ) 2726 (SC-SC) · Income Tax Section 158BD, 158BD and Chapter XIV-B
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Legal profession is not business or trade – SC
DHANRAJ SINGH CHOUDAHRY VERSUS NATHULAL VISHWAKARMA
(2014) TaxCorp(LJ) 2704 (SC-SC)
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Section 23 of NDPS Act not applies to transport of Indian ganja – SC
Union of India Versus Sheo Shambhu Giri
(2014) TaxCorp(LJ) 2703 (SC-SC)
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It is only the objects of a trust as declared in the trust deed which would govern its right of exemption under Section 11 or 12.
CIT vs DAWOODI BOHARA JAMAT
(2014) TaxCorp(LJ) 2695 (SC-SC) · Income Tax Section 11,12, 13(1)(b)
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Provident Fund – Interest under Section 7Q of the Act for belated remittances - Supreme Court upheld that 7Q dues regarding imposition of Interest for belated remittance under the Act is not appealable before the Tribunal, if EPF Authority passes an independent order laiming interest separately under section 7Q from that of 7A dues.
Arcot Textile Mills Ltd. vs The Regional Provident Fund Commissioner and others
(2014) TaxCorp(LJ) 2692 (SC-SC)
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SC dismisses SLP – Disallowance of reimbursement of expenses to agents U/s. 40(a)(ia)
COMMISSIONER OF INCOME TAX vs. GUJARAT NARMADA VALLEY FERTILIZERS CO LTD
(2014) TaxCorp(LJ) 2593 (SC-SC)
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Development agreements are NOT joint ventures - The words `joint venture' or `collaboration' in the title of an agreement or even in the body of the agreement will not make the transaction a joint venture, if there are no provisions for shared control of interest or enterprise and shared liability for losses.
Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr
(2014) TaxCorp(LJ) 2592 (SC-SC)
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SC sets aside Delhi HC judgment in SIN Oceanic and NetApp BV, wherein HC held that AAR applications inadmissible once tax return filed; SC calls for fresh ruling in accordance with law.
SIN OCEANIC SHIPPING ASA NORWAY vs AAR
(2014) TaxCorp(LJ) 2586 (SC-SC)
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SC dismisses Revenue's appeal against Chattisgarh HC judgment reported in (2014) TaxCorp(LJ) 2597 (HC-CHHATTISGARH).Honable high court held that there was no “concealment” for imposition of Sec 271(1)(c) penalty, as there was neither detection nor possession of information by Revenue, besides assessee's surrender. Amount relating to share application money was added to income u/s 68 during assessment only based on assessee's surrender.
CIT vs AGRAWAL ROUND ROLLING MILLS LTD
(2014) TaxCorp(LJ) 2572 (SC-SC) · Income Tax Section 271(1)(c), 68
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S. 276CC SC allows initiation of prosecution against Jayalalithaa for non filing of I.T. Return
Sasi Enterprises Versus Assistant Commissioner of Income Tax
(2014) TaxCorp(LJ) 2564 (SC-SC)
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Prosecution for offence u/s 276CC for failure to file ROI can be initiated during the pendency of assessment proceedings. The statement in the individual returns of the partners that the firm has not filed a ROI as its’ accounts are not finalized does not absolve the firm of prosecution for non-filing of ROI
Sasi Enterprises vs ACIT
(2014) TaxCorp(LJ) 2562 (SC-SC)
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Income Tax - Kerala Building Tax Act, 1975, ss. 3(1), 9(2) and 9(4) - Building used for providing free medical aid must be exempted from paying building tax.
SH MEDICAL CENTRE HOSPITAL vs STATE OF KERALA & ORS.
(2014) TaxCorp(LJ) 2557 (SC-SC)
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