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The statute must be read as a whole and one provision of the Act should be construed with reference to other provisions in the same Act so as to make a consistent enactment of the whole statute.
Vikram Sujitkumar Bhatia & Others Vs Income Tax Officer
(2023) TaxCorp(LJ) 31291 (SC) · Section 153C
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Bombay HC is directed to consider the matter afresh in accordance with law and on merits and consider the effect of the omission of Section 144B(9) of the Act.
Mantra Industries Limited Vs NATIONAL FACELESS ASSESSMENT CENTRE (FORMERLY KNOWN AS NATIONAL E-ASSESSMENT CENTRE) & ORS.
(2023) TaxCorp(LJ) 31271 (SC) · Section 144B(9)
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Once the assessees herein are held to be not liable to deduct the tax at source at all merely because subsequently the foreign company VOAMC is held liable to be taxed in India, the assessees herein cannot be treated as assessees in default.
Van Oord Acz India Pvt. Ltd Vs COMMISSIONER OF INCOME TAX-VI
(2023) TaxCorp(LJ) 31270 (SC) · Section 40(a)(i)
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The date of the Panchnama last drawn would be the relevant date for considering the period of limitation of two years and not the last date of authorisation.
Anil Minda and Others Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31220 (SC)
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The transfer was not based only on surmises and conjectures as the Assessee's name was taken by some of the persons subjected to search and investigation which indicated a transfer of suspicious cash to the tune of almost Rs.20 Cr. from the Assessee's residence in Delhi.
Kamal Nath Vs THE PRINCIPAL COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31171 (SC)
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It is open for the Assessee to present its contention that it is recipient of benefit under Section 80G (5B) for a subsequent period (AY 2022-23 to 2026-27), before the CIT(E), when the matter is examined afresh.
Sant Girdhar Anand Parmhans Sant Ashram Vs THE COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 31074 (SC) · Section 80G
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The order denying condonation of delay was clear, cogent and passed with the approval and sanction of PCCIT after adherence to the principles of natural justice.
Puneet Rastogi Vs PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30982 (SC)
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The definition of Sikkimese and the reference to Sikkim Subjects Regulations, 1961 and Sikkim Subject Rules, 1961 though repealed, are relevant for the purpose of the Explanation to Section 10(26AAA) of the Income Tax Act only.
Association of Old Settlers of Sikkim and Ors Vs UNION OF INDIA MINISTRY OF FINANCE
(2023) TaxCorp(LJ) 30956 (SC)
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Revenue is directed to examine the documents and relevant papers for rendering fresh findings within four months.
Servants of People Society Vs PR. COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30929 (SC)
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Once the lessors are held to be the owners and are entitled to depreciation, the Revenue thereafter cannot be permitted with respect to the same transaction, the Respondent being the lessee are the owners and are entitled to depreciation.
Narmada Chematur Petrochemicals Ltd. (Now Known As Gujarat Narmada Valley Fertilizers Company Ltd.) Vs THE COMMISSIIONER OF INCOME TAX-III
(2023) TaxCorp(LJ) 30863 (SC)
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The special audit shall have no effect as the order was not communicated to the Assessee.
RAJIV GANDHI PROUDYOGIKI VISHWAVIDYALAYA Vs UNION OF INDIA AND OTHERS
(2023) TaxCorp(LJ) 30839 (SC)
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SC - Supreme Court Invalidates Proviso to Section 10(26AAA), Upholding Equality for Sikkimese Women and Settlers.
Association of Old Settlers of Sikkim and Ors Vs Union of India and Anr.
(2023) TaxCorp(LJ) 30793 (SC) · Section 10(26AAA)
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SC - Supreme Court Affirms Standalone Applicability of Section 158BFA Interest in Block Assessment Chapter.
K.L. Swamy & Others Vs The Commissioner of Income Tax & Anr.
(2023) TaxCorp(LJ) 30792 (SC) · Section 158BFA
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SC - Supreme Court Grants Disposal of SLP Challenging Reassessment Proceedings, Highlights Need for In-depth Analysis.
Red Chilli International Sales Vs INCOME TAX OFFICER & ANR.
(2023) TaxCorp(LJ) 30784 (SC)
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The assessee has no role to play and is not the author of the assessment order and hence the manner and contents of the assessment order as framed is not determinative whether or not it is a case of change of opinion.
Cognizant Technology Solutions India Pvt. Ltd Vs JOINT COMMISSIONER OF INCOME TAX & ANR.
(2023) TaxCorp(LJ) 30767 (SC)
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The hirer has an option to return the vehicle or the goods taken on hire. It is not a simple transaction of giving a loan or advance on which interest is payable. The transaction(s) in commercial and legal sense are far more complex with corresponding rights of the parties.
Muthoot Leasing And Finance Limited And Another Vs COMMISSIONER OF INCOME TAX
(2023) TaxCorp(LJ) 30716 (SC)
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The Education cess paid by the respondent-assessee would not be allowed as an expenditure under Section 37 read with 40 (a) (ii) of the Income Tax Act, 1961.
Chambal Fertilisers & Chemicals Limited Vs JOINT COMMISSIONER OF INCOME TAX-2
(2022) TaxCorp(LJ) 30623 (SC) · Section 40(a)(ii)
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In the absence of any specific withdrawal of the proceedings under Section 154, the proceedings can be said to pending, thus, it was not permissible on the part of the Revenue to initiate the reassessment proceedings.
S.M. Overseas (P) Ltd Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30605 (SC)
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Under Section 220(2), the levy of simple interest on non-payment of the tax is mandatory.
Pioneer Overseas Corporation USA (India Branch) Vs COMMISSIONER OF INCOME TAX
(2022) TaxCorp(LJ) 30490 (SC)
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Credit of revalued assets to partner’s capital account shall be construed as ‘transfer’, covered within in the ambit of ‘otherwise’ under Section 45(4).
Mansukh Dyeing and Printing Mills Vs The Commissioner of Income Tax
(2022) TaxCorp(LJ) 30483 (SC) · Section 45(4)
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