Finance Act, 2010

M/s Calcutta Export Company, a partnership engaged in manufacturing and exporting casting materials, claimed a deduction for export commission charges under Section 40(a)(ia) of the Income Tax Act for AY 2005-06. The Assessing Officer disallowed the deduction because the TDS on the commission was deposited after the st…

Tata Motors sold buses through its RSO in Vijayawada to the Andhra Pradesh State Road Transport Corporation, a transaction that was held to be an inter‑state sale liable to central sales tax (CST) in the State of Jharkhand. Tata Motors, treating the sale as a stock transfer, paid the CST to the State of Andhra Pradesh,…

GVK Industries Ltd. and its director entered into an agreement with a Swiss non‑resident company (NRC) to act as a financial advisor for a power project, receiving a "success fee" of 0.75% of the debt on loan closure. The Income Tax Officer refused to issue a No‑Objection Certificate for remittance of the fee, directin…

The Supreme Court considered whether the amendment inserting clause (d) into Section 80IB(10) of the Income Tax Act, effective from 1 April 2005, which limits the built‑up area of shops and commercial establishments in housing projects, applies to projects that were approved before 31 March 2005 but completed after the…

The Supreme Court considered two civil appeals challenging the Appellate Tribunal for Electricity's (APTEL) dismissal of appeals that upheld the Central Electricity Regulatory Commission's (CERC) orders directing Haryana utilities to pay supplementary bills for change‑in‑law adjustments. The disputes centered on whethe…

Adani Power Ltd., operating a coal‑based power plant in the Mundra SEZ, challenged the levy of customs duty on electricity exported from its SEZ unit to the Domestic Tariff Area (DTA) under several notifications issued between 2010 and 2016. The Gujarat High Court, in a 2015 judgment, held that no lawful charging event…

The Union of India challenged the validity of the Goods and Services Tax (Compensation to States) Act, 2017 and the accompanying Compensation Cess Rules, arguing that Parliament lacked legislative competence to levy a compensation cess and that the levy amounted to double taxation on the same taxable event. Mohit Miner…