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Finance Act, 2006

8 judgments · newest first · showing 1–8

COMMISSIONER OF GST AND CENTRAL EXCISEversusM/S CITI BANK N. A.

2021 INSC 857Matter referred to larger bench

The Commissioner of Service Tax issued show‑cause notices to Citibank alleging that the Rs 2 interchange fee it earned as an issuing bank on credit‑card transactions was taxable service income. Citibank contended that it performed no service, that the fee was interest, and that tax had already been …

M.M. AQUA TECHNOLOGIES LTD.versusCOMMISSIONER OF INCOME TAX, DELHI-III

2021 INSC 397Leave Granted & Allowed

M.M. Aqua Technologies Ltd., unable to meet interest obligations on loans, entered a rehabilitation plan and issued convertible debentures to financial institutions in lieu of the interest due. The company claimed a deduction under Section 43B(d) of the Income Tax Act, 1961, arguing that the …

STATE OF WEST BENGAL & ORS.versusCALCUTTA CLUB LIMITED

2019 INSC 1111Disposed off

The Calcutta Club, a Section 25 company operating as a members' club, was served with a notice for non‑payment of sales tax on food and drinks supplied to its permanent members. The Club argued that, under the doctrine of mutuality, no sale occurred because the supplier and the buyer were the same …

MAXOPP INVESTMENT LTD.versusCOMMISSIONER OF INCOME TAX, NEW DELHI

2018 INSC 131Disposed off

The Supreme Court examined whether interest expenditure incurred by Maxopp Investment Ltd. on shares held to acquire controlling interest, or held as stock‑in‑trade, could be deducted when the dividend income from those shares is exempt under Section 10. The Court held that the dominant‑purpose test …

COMMISSIONER OF INCOME TAX, CHENNAIversusTULSYAN NEC LTD.

2010 INSC 884Dismissed

The Supreme Court examined whether Minimum Alternate Tax (MAT) credit under Section 115JAA of the Income Tax Act, 1961 must be set off against assessed tax before computing interest under Sections 234A, 234B and 234C. It held that the tax paid under Section 115JA is a "tax" within the meaning of the …