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1234 judgments · newest first · showing 201–400
The appellant, an individual with salary and partnership income, filed his income‑tax returns for AY 2011‑12 and AY 2013‑14 well after the statutory due dates, attracting show‑cause notices under section 276CC of the Income Tax Act. He sought compounding of the offences under the 2014 Guidelines; …
M/s Jupiter Capital Pvt. Ltd. held a 99.88% share in Asianet News Network Pvt. Ltd. which reduced its share capital from 15,35,05,750 to 10,000 shares, proportionately reducing Jupiter's holding to 9,988 shares and receiving Rs. 3,17,83,474 as consideration. The Revenue argued that this reduction …
Basudev Dutta, an Ophthalmic Assistant employed by the West Bengal Government since 1985, was terminated in 2011 after a police verification report, filed 25 years later, labeled him ‘unsuitable’ for the post. He challenged the termination, asserting Indian citizenship based on his father’s …
The Income Tax Department ordered HDFC Bank to stop operation of certain lockers and accounts, but later revoked the order only for the accounts, leading bank officials to mistakenly allow a locker to be operated. The department filed a complaint and an FIR was registered against the bank and its …
The case concerned whether a scheduled bank could claim a tax deduction for the broken‑period interest paid when it purchased government securities that are classified as Held‑to‑Maturity (HTM). The bank argued that the securities are stock‑in‑trade, so the broken‑period interest is a revenue …
The Supreme Court examined a batch of appeals concerning reassessment notices issued by the Revenue after the Finance Act 2021 amended Sections 147‑151 of the Income Tax Act, 1961. The Court considered whether the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 …
The appellant, a former managing director of Sri Lakshmi Hotel Private Ltd., challenged the e‑auction of the company's property, alleging that the reserve price was under‑valued, that the liquidator failed to form a Stakeholders’ Consultation Committee, and that the liquidator violated Regulation 33 …
Ravi Agrawal filed a writ petition seeking retrospective application of the Finance Act, 2022 amendment to section 80DD of the Income Tax Act, which allows a subscriber to discontinue payments to a Jeevan Adhar scheme upon attaining the age of 60 and to use the accumulated benefit. He argued that …
The Supreme Court granted the petitioner absolute interim anticipatory bail on 8 December 2023, ordering his release on bail if arrested. Despite this, the police remanded him to custody on 13 December 2023, and the magistrate failed to release him after the remand period, resulting in an illegal …
Mysore Sales International Ltd., a Karnataka government undertaking that manufactures and bottles arrack, was directed by the Income Tax Deputy Commissioner to collect TDS from liquor vendors (excise contractors) under Section 206C of the Income Tax Act, treating the vendors as "buyers". The vendors …
The petitioners, chartered accountants, challenged the Council of the Institute of Chartered Accountants of India's Guidelines dated 08‑08‑2008 that capped the number of tax audits a member could undertake under section 44AB of the Income Tax Act. They argued that the restriction was beyond the …
The All India Bank Officers’ Confederation and other bank staff unions challenged Section 17(2)(viii) of the Income Tax Act, 1961 and Rule 3(7)(i) of the Income Tax Rules, 1962, alleging that they amounted to an excessive delegation of the essential legislative function to the Central Board of …
The petitioners challenged a complaint filed by the Directorate of Enforcement under Section 44(1)(b) of the Prevention of Money Laundering Act, 2002 (PMLA), arguing that the offences alleged, except for IPC Section 120B, were not "scheduled offences" as required by clause (y) of Section 2(1) of the …
The CBI filed a case alleging that R.C. Sabharwal, a former public servant, owned assets disproportionate to his known sources of income and that his son, Puneet Sabharwal, abetted him. The trial court framed charges under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, …
The Supreme Court had earlier declared the Electoral Bond Scheme unconstitutional and directed the State Bank of India (SBI), as the authorized bank, to furnish the Election Commission of India (ECI) with details of each bond purchased and redeemed between 12 April 2019 and 15 February 2024. SBI …
The Supreme Court was asked to consider whether, under its Article 142 powers, it could issue blanket directions that all interim stays granted by High Courts should automatically lapse after six months and that High Courts must dispose of such cases on a day‑to‑day basis. The Court examined the …
The case concerned whether cellular mobile service providers (the assessees) were required to deduct tax at source under section 194-H of the Income Tax Act, 1961 on the margin earned by franchisees/distributors from selling prepaid kits at a price higher than the discounted price paid to the …
The Supreme Court of India struck down the Electoral Bond Scheme and related amendments to the Finance Act 2017, which had introduced anonymous financial contributions to political parties. The Court held that the scheme violated the right to information of voters under Article 19(1)(a) of the …
M/s Mangalam Publications, a partnership engaged in publishing, filed returns for assessment years 1990-91, 1991-92 and 1992-93 without regular books of account, citing seizure of records. The assessing officer later compared a balance sheet submitted to a bank in 1989-90 with a later balance sheet …
The case involved M/s Jindal Steel & Power Ltd., which operated captive power plants to supply electricity to its own industrial units at Rs 3.72 per unit while selling surplus power to the State Electricity Board at Rs 2.32 per unit. The assessing officer reduced the deduction claimed under Section …
The Supreme Court examined the approval of a resolution plan for ACIL Ltd., where the Committee of Creditors (CoC) had approved a plan with an 88.56% majority after multiple revisions. The National Company Law Tribunal (NCLT) had stayed the plan and ordered a re‑valuation of ACIL's assets by the …
The Supreme Court examined a series of appeals concerning the Most‑Favoured‑Nation (MFN) clause in India’s DTAA’s with the Netherlands, France and Switzerland. The assessees argued that the MFN benefit should apply automatically when India later entered into a DTAA with another OECD member, even if …
The case concerned Bharti Hexacom Ltd. and other telecom operators who paid a variable annual licence fee to the Department of Telecommunications under the New Telecom Policy of 1999. The issue was whether these payments were capital in nature, requiring amortisation under Section 35ABB of the …
The Delhi High Court had ordered notices to be issued to a third‑party assessee after documents belonging to him were seized in a search of another entity's premises. The third‑party argued that the six‑year period for filing returns should commence from the date the seized materials were handed …
Kotak Mahindra Bank Ltd. (formerly ING Vysya Bank) sought settlement of tax liabilities for several assessment years, disclosing additional lease income that had been treated as a financial transaction under RBI guidelines. The Settlement Commission, after considering the bank's cooperation and full …
The case concerned M/s Krishak Bharati Cooperative Ltd., a multi‑state cooperative society in India, which held a 25% share in an Omani joint‑venture (OMIFCO) and earned dividend income from it. The dividend was exempt from tax in Oman under Article 8(bis) of the Omani Company Income Tax Law and a …
The Kerala State Co‑operative Agricultural and Rural Development Bank Ltd. (KSCARDB) claimed a deduction under s.80P(2)(a)(i) of the Income Tax Act for profits earned by providing credit facilities to its member co‑operative societies. The Assessing Officer held that KSCARDB was a "co‑operative …
The Industrial Development Bank of India (IDBI), as a secured creditor, sought to enforce its charge over imported machinery that had been stored in a private bonded warehouse and remained unpaid of customs duty. The company was wound up on 1 December 2003, and the Official Liquidator applied for …
The appellants, a group of social clubs including Secunderabad Club, deposited surplus funds in various banks, some of which were corporate members of the clubs, and earned interest on those fixed deposits. The central issue was whether such interest income fell within the ambit of the principle of …
The appellant, a common carrier, was assessed under Section 69A of the Income Tax Act for short delivery of bitumen, with the assessing officer deeming the bitumen as an "other valuable article" owned by the appellant. The Supreme Court examined whether a carrier can be considered the owner of goods …
The appellant, Commissioner of Income Tax, challenged the High Court’s order upholding the ITAT’s finding that a sale of development rights by Glowshine Builders was a transaction in stock-in-trade. The Assessing Officer had originally treated the receipt of Rs 15,94,06,500 as short‑term capital …
The appellants were subjected to a search under Section 132 of the Income Tax Act and were issued notices under Section 153A for assessment years 1998-99 to 2004-05. They filed an application under Section 245C(1) before the Income Tax Settlement Commission, which was required to decide the matter …
The assessee, Prakash Chand Lunia, who dealt in silver, was found to have smuggled 146 slabs of silver which were confiscated by customs and a penalty imposed. He claimed the value of the confiscated silver as a business loss under Section 37(1) of the Income‑Tax Act, relying on the High Court's …
The Revenue challenged the Assessing Officer’s (AO) power to make additions to income tax assessments after a search under section 132/132A of the Income Tax Act, 1961. The central issue was whether, under section 153A, the AO could assess or reassess total income for completed or unabated …
SAP Labs India Private Limited and several other assessees challenged the Income Tax Officer's assessment on transfer pricing grounds, contending that the arm's length price (ALP) determined by the Income Tax Appellate Tribunal (ITAT) was not final and could be reviewed under Section 260A of the …
M/S. Saraf Exports, a partnership engaged in manufacturing and exporting wooden handicrafts, claimed deductions under s.80‑IB of the Income Tax Act, 1961 for amounts received under the Duty Entitlement Pass Book (DEPB) and Duty Drawback schemes for AY 2008‑09. The Deputy Commissioner disallowed the …
The appellant, M/s US Technologies International Pvt. Ltd., had deducted tax at source (TDS) but remitted it to the government after a delay of up to ten months. The Revenue levied a penalty equal to the amount of TDS under Section 271C of the Income Tax Act, 1961, which the High Court upheld. The …
The appellants, five companies incorporated under the Sikkim Companies Act, claimed to be residents of Sikkim and argued that their income from cardamom commissions for assessment years 1987-88 to 1989-90 was taxable only under the Sikkim State Income‑Tax Manual, 1948, as the Income Tax Act, 1961 …
The case concerned whether the amendment to Section 153C of the Income Tax Act, 1961 introduced by the Finance Act, 2015 applies to searches under Section 132 that were initiated before the amendment’s effective date of 1 June 2015. A search was conducted on 4 September 2013, and material relating …
M/s Paville Projects Pvt. Ltd. sold its building for Rs 33 crore in AY 2007‑08 and claimed a deduction of Rs 31.05 crore as "cost of improvement" to discharge encumbrances arising from a family settlement of shareholders. The Assessing Officer accepted this claim and passed an assessment under …
The assessees were searched under two authorisations issued on 13‑03‑2001 and 26‑03‑2001, resulting in panchnamas drawn on 11‑04‑2001 and 26‑03‑2001 respectively. Block assessment notices were issued and assessment orders were passed in April 2003, which the assessees challenged as time‑barred under …
The Supreme Court considered a dispute arising out of a corporate insolvency resolution process involving Avani Towers (the corporate debtor), Energy Properties (the ostensible owner of a 10.19‑acre land), and Victory Iron Works (a licensee of a 10,000 sq ft portion). The corporate debtor had …
The Supreme Court entertained miscellaneous applications seeking correction of certain phrases in paragraphs 10(a) and 77 of Justice B.V. Nagarathna's judgment in W.P. (C) No.59/2013, filed by the Association of Old Settlers of Sikkim. The Court observed that substantial amendments to the original …
During the COVID-19 pandemic, the petitioner conducted three crowdfunding campaigns on the Ketto platform. The Enforcement Directorate (ED) opened investigations under FEMA and later filed a complaint under the Prevention of Money‑Laundering Act (PMLA), attaching the petitioner’s bank account in …
The Servants of People Society, a charitable trust registered under Sections 12AA and 80G, runs schools, a medical centre, an old‑age home and a newspaper printing press. The revenue denied exemption for the society’s income, particularly advertising revenue from its newspaper, invoking the proviso …
The petitioners, old Indian settlers of Sikkim, challenged the definition of “Sikkimese” in Section 10(26AAA) of the Income Tax Act, 1961 and the proviso that excluded a Sikkimese woman who married a non‑Sikkimese after 1 April 2008 from the tax exemption. They argued that the exclusion of settlers …
The case arose from a search under Section 132 of the Income Tax Act on the Khoday Group, where the appellant K.L. Swamy, a director, was served a notice under Section 158BD to file a return for the block period. He filed the return late, and the Assessing Officer levied interest under Section …
Muthoot Leasing and Finance Ltd and another, classified as credit institutions, challenged the levy of interest tax on the interest component embedded in hire‑purchase instalments under the Interest‑Tax Act, 1974. The Income Tax Appellate Tribunal (ITAT) held that hire‑purchase agreements are …
The partnership firm M/s. Mansukh Dyeing and Printing Mills revalued its assets on 1 January 1993, increasing their value by Rs 17.34 crore, and credited the surplus to the partners’ capital accounts in their profit‑sharing ratios. New partners who had contributed only small amounts of capital …
M/s Polyflex (India) Pvt Ltd manufactures polyurethane foam, which is supplied to assemblers for making automobile seats. The company claimed a deduction under Section 80‑IB of the Income Tax Act for AY 2003‑04, but the assessing officer disallowed it on the ground that the foam falls within entry …
The case concerned whether the additional amount ("Supplementary Commission") earned by travel agents over and above the standard 7% commission on airline tickets is covered by Section 194H of the Income Tax Act and thus subject to tax deduction at source (TDS). The Supreme Court examined the nature …
The State Bank of India (SBI) paid Leave Travel Concession (LTC) to its employees for trips that included foreign legs and circuitous routes, and did not deduct tax at source (TDS). The Income Tax Department held SBI liable as an assessee in default under Section 201 of the Income Tax Act for …
The petitioners OCL India Ltd., SAIL and Hindalco challenged the levy of entry tax under the Orissa Entry Tax Act, 1999 (and similar statutes in Uttar Pradesh) on the ground that industrial townships, which had been excluded from municipal limits by notifications under the proviso to Article 243Q, …
The Revenue sought clarification of the Supreme Court’s earlier judgment (19 Oct 2022) in Civil Appeal No. 21762/2017, which interpreted Section 2(15) of the Income‑Tax Act, 1961 with respect to charitable trusts engaged in activities of public utility. The clarification was requested on the ground …
The Supreme Court interpreted the proviso to Section 2(15) of the Income Tax Act, 1961, which defines 'charitable purpose' for entities advancing 'any other object of general public utility' (GPU). The Court held that a GPU charity cannot engage in trade, commerce, or business, or provide services …
The Supreme Court examined whether societies and trusts claiming exemption under Section 10(23C)(vi) of the Income‑Tax Act must exist exclusively for educational purposes and not for profit. It held that “solely” means the institution’s objects must be limited to education; any surplus is …
The appellants, including Checkmate Services Pvt. Ltd., deposited employees' EPF and ESI contributions after the statutory due dates and claimed deductions under s.36(1)(va) of the Income Tax Act, 1961. The Assessing Officer disallowed the deduction, holding that the amounts constituted "income" …
The assessee, Khyati Realtors Pvt. Ltd., advanced Rs 10 crore to a builder for the purchase of commercial premises, which later stalled and the amount was written off as a bad debt in 2009. The assessee claimed a deduction under Section 36(1)(vii) of the Income Tax Act, arguing that the advance was …
M/s ABC Papers Ltd. challenged assessment orders for assessment years 2008-09 to 2013-14, which led to a series of appeals before the Commissioner of Income Tax (Appeals), the Income Tax Appellate Tribunal (ITAT) and two High Courts (Punjab & Haryana and Delhi). The core dispute was which High Court …
National Petroleum Construction Co., a UAE‑incorporated firm, sought a Section 197 certificate for a 4% TDS rate on payments from ONGC for contracts involving both onshore and offshore work in FY 2019‑20. The Deputy Commissioner issued a certificate directing 4% TDS on the entire amount, despite the …
The Supreme Court clarified the scope of the term "transfer" under the Land Acquisition Act, 1894, holding that it includes development and collaboration agreements and licences issued during the suspect period (27‑08‑2004 to 29‑01‑2010). It examined numerous applications concerning projects such as …
The appellant, the Principal Director of Income Tax (Investigation), sought to validate a search and seizure warrant issued under Section 132 of the Income Tax Act, 1961 against Laljibhai Kanjibhai Mandalia, who had transferred Rs 10 crore as a loan to a newly formed company and later repaid it with …
The assessee, Wipro Ltd., filed its original return for AY 2001-02 claiming exemption under Section 10B of the Income Tax Act and stating that no loss would be carried forward. Later it submitted a declaration to the Assessing Officer opting out of the Section 10B benefit and filed a revised return …
The dispute arose from an auction sale of two immovable properties attached under a recovery certificate issued by IndusInd Bank. The judgment debtor (borrower) filed an application under Rule 60 of the Second Schedule of the Income Tax Act, 1961, depositing the amount specified in the sale …
The Advocate Association Bengaluru filed a contempt petition alleging that the Appointments Committee of the Cabinet (ACC) had appointed members to the Income Tax Appellate Tribunal (ITAT) based on reports and feedback obtained after the Search‑cum‑Selection Committee (SCSC) had made its …
The appellant, a male descendant of the original founder trustee, sought declaration that he was entitled to the office of founder trustee of M/s. P.S. Govindaswamy Naidu & Sons’ Charities, asserting that he satisfied the residence requirement under the Scheme of Administration. The respondents …
The Union of India appealed against the High Courts' orders quashing reassessment notices issued under section 148 of the Income Tax Act after 1 April 2021. The Finance Act, 2021 had substituted sections 147‑151, introducing section 148A as a condition precedent for issuing a notice under section …
Willowood Chemicals and another filed writ petitions alleging that the Union of India delayed refunds of integrated tax on exports for periods ranging from 94 to 290 days, violating Sections 16 and 20 of the IGST Act and Sections 54 and 56 of the CGST Act. The Gujarat High Court awarded simple …
Wipro Finance Ltd. borrowed a foreign‑currency loan to finance its leasing and hire‑purchase business and incurred a loss due to exchange‑rate fluctuations while repaying the loan. The company claimed a deduction for this loss under section 37 of the Income Tax Act, 1961, and also sought to treat a …
Mahagun Realtors Private Ltd. (MRPL) merged with Mahagun India Private Ltd. (MIPL) by a court‑sanctioned scheme effective 1 April 2006. The Income Tax Department issued assessment notices and later an assessment order in the name of MRPL, which had ceased to exist after the amalgamation. The revenue …
The Deputy Commissioner of Income Tax issued a notice under Section 147 to reopen the assessment of M/s M.R. Shah Logistics for AY 2010-11 based on material seized during a search of an accommodation‑entry provider and on the alleged unaccounted income of promoters. The assessee argued that the …
Vishal Ashwin Patel and others challenged the reopening of their income‑tax assessment under Section 148 of the Income Tax Act, 1961 by filing writ petitions under Article 226 of the Constitution. The Bombay High Court dismissed the writ petitions in a terse order stating it was not inclined to …
The appellant, Horticulture Experiment Station Gonikoppal, failed to deposit EPF contributions for the period 1975‑1988 and was assessed damages under Section 14B of the Employees Provident Fund & Miscellaneous Provisions Act, 1952. The appellant argued that mens rea or actus reus should be required …
Apex Laboratories, a pharmaceutical company, claimed a deduction under Section 37(1) of the Income Tax Act for expenses incurred in providing gifts, travel, hospitality and other "freebies" to doctors to promote its product Zincovit. The Assessing Officer, on the basis of a CBDT circular dated …
The Kerala State Beverages Manufacturing & Marketing Corporation Ltd (KSBC), a state‑owned liquor undertaking, challenged the disallowance of various levies under Section 40(a)(iib) of the Income‑Tax Act, 1961. The issues were whether the gallonage fee, licence fee and shop‑rental (kist) for FL‑9 …
Sunny Abraham, an Assistant Commissioner of Income Tax, was subjected to disciplinary proceedings under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. A charge memorandum was issued on 18 Nov 2002 without the Finance Minister’s (the Disciplinary Authority’s) …
The Commissioner of Income Tax (IT‑4) Mumbai challenged an order of the Income Tax Appellate Tribunal (ITAT) that, under Section 254(2) of the Income Tax Act, recalled its earlier 2013 order favoring the Revenue in a dispute with M/s Reliance Telecom Ltd over the taxability of software payments. The …
The Commissioner of Income Tax issued a revision order under Section 263 of the Income Tax Act on 26 March 2012, revising an assessment order for AY 2008‑09 that had been passed on 30 December 2010. The assessee argued that the revision order was barred by the two‑year limitation because it was …
The appellant, a sandalwood oil manufacturer, was convicted under Section 27(1)(d) of the Kerala Forest Act for allegedly possessing forest produce illicitly removed from a reserved forest. The High Court upheld the conviction, treating the presumption under Section 69 as creating a reverse burden …
M/s Mitsubishi Corporation, a non‑resident Japanese company, was assessed for income attributable to its Indian operations for the years 1998‑99 to 2004‑05 and was levied interest under section 234B of the Income‑Tax Act for alleged default in payment of advance tax. The company argued that, because …
South Indian Bank Ltd. and other scheduled banks earned tax‑free income from bonds, securities and shares. The Assessing Officer, unable to identify the exact funds used for these investments, proportionately disallowed interest expense under Section 14A of the Income Tax Act. The banks argued that …
The appellants, employees of Coal India Ltd., received gratuity under a 2008 Government office memorandum that raised the ceiling to Rs 10 lakhs effective from 1 January 2007. They challenged the tax deducted at source, arguing that the Payment of Gratuity (Amendment) Act, 2010, which officially …
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 …
The Supreme Court examined the cancellation of registration of Batanagar Education and Research Trust under section 12AA(3) of the Income Tax Act after the Trust admitted that many of its corpus donations were fictitious and were returned to donors through intermediaries, amounting to bogus …
Uttar Pradesh Power Transmission Corporation Ltd (UPPTCL) entered into four separate contracts with CG Power and Industrial Solutions Ltd for the construction of 765/400 KV substations, the first being a pure supply contract. After a CAG audit, UPPTCL issued letters demanding a 1% labour cess on the …
The Assessing Officer limited the deduction under Section 80‑IA of the Income Tax Act to the assessee's business income, but the Commissioner of Income Tax (Appeals) and the Tribunal allowed the deduction to be set off against the gross total income. Reliance Energy Ltd. appealed the revenue's …
M/s Radha Krishan Industries challenged two orders of provisional attachment of its receivables issued by the Joint Commissioner under Section 83 of the Himachal Pradesh Goods and Service Tax Act, 2017, alleging that the orders were ultra vires, lacked a requisite opinion based on tangible material, …
The Supreme Court examined the third proviso to Section 254(2A) of the Income Tax Act, 1961, which mandates automatic vacation of a stay after 365 days irrespective of who caused the delay. The Court held that the provision treats assessees who delay the appeal the same as those who do not, thereby …
The Association for Democratic Reforms and Common Cause filed two interlocutory applications seeking a stay on the sale of electoral bonds under the Electoral Bond Scheme, 2018, alleging that the scheme permits donor anonymity and violates transparency in political funding. The Court examined the …
The Supreme Court considered appeals concerning whether payments made by Indian residents to non-resident foreign software suppliers for computer software, under End User Licence Agreements (EULAs) and distribution agreements, constitute 'royalty' under the Income Tax Act, 1961 and Double Taxation …
The Supreme Court examined whether cooperative societies registered as primary agricultural credit societies under the Kerala Co‑operative Societies Act could claim deduction under section 80P(2)(a)(i) of the Income‑Tax Act after the insertion of section 80P(4) by the Finance Act, 2006. The Court …
The Institute of Chartered Accountants of India (ICAI) filed transfer petitions under Article 139-A(1) seeking to move nine writ petitions from the Kerala, Madras and Calcutta High Courts to the Supreme Court. The writ petitions challenge Chapter VI of ICAI's Guidelines dated 08‑08‑2008, which caps …
The National Co‑operative Development Corporation (NCDC) earned interest on surplus funds held in its statutory fund and used that interest to make non‑refundable grants to state and national cooperative societies. The Assessing Officer disallowed the grants as capital expenditure, but the …
The Bangalore Club, a social club, challenged an assessment that it was liable to wealth tax under Section 21AA of the Wealth Tax Act, 1957. The Assessing Officer and the CIT (Appeals) held the club liable, but the Appellate Tribunal set aside those orders. The Supreme Court examined the meaning of …
The appellant owned land that was leased to a college; the lease expired in 1967 and the Haryana Government issued a notification for compulsory acquisition on 15 May 1968, later making an award on 29 September 1970. The dispute centered on when capital gains under Section 45 of the Income‑Tax Act, …
The Centre for Public Interest Litigation filed a writ petition seeking a fresh National Disaster Management Plan, specific minimum relief standards, and direction to use the National Disaster Response Fund (NDRF) for COVID-19, as well as to channel all contributions to the NDRF instead of the PM …
Shree Choudhary Transport Company (the appellant) entered into a contract to transport cement for a consignor and hired independent truck operators to perform the work. The appellant received freight charges from the consignor after TDS was deducted, but failed to deduct TDS on payments to the truck …
Shiv Raj Gupta, former chairman and MD of Central Distillery and Breweries Ltd., sold his controlling shareholding to the Shaw Wallace Company (SWC) group and received Rs 6.6 crore as a non‑competition fee under a deed of covenant. The Assessing Officer treated the payment as taxable under …
The case concerned a turnkey contract awarded by ONGC to a consortium that included Samsung Heavy Industries (Korea). Samsung opened a project office in Mumbai to coordinate the Vasai East Development Project. The tax authorities treated the office as a permanent establishment (PE) under Article …
The Supreme Court examined whether Ultratech Cement Ltd. was entitled to a 75% capital investment subsidy under the Rajasthan Investment Promotion Scheme, 2003 (RIPS-2003) for its Kotputli cement plant. The Court held that the scheme’s sub‑clauses (vi) and (vii) granting 75% subsidy were deleted …
The appellants, engaged as agents procuring frozen seafood for foreign buyers, claimed a 50% deduction under Section 80‑O of the Income Tax Act for service fees received in foreign exchange. The Assessing Officer held the services were rendered in India, not "from India", and disallowed the …
Vodafone Idea Ltd. filed income‑tax returns for AY 2014‑15 to AY 2017‑18 claiming large refunds. The Assessing Officer issued notices under s.143(2) for each year and, invoking s.143(1D) and s.241A, declined to process the returns under s.143(1) and withheld refunds, arguing that the notice itself …
PILCOM, a joint committee of the cricket boards of Pakistan, India and Sri Lanka that organised the 1996 World Cup, made payments from its London bank accounts to the International Cricket Council and various non‑resident cricket associations. The Income Tax Officer issued a show‑cause notice under …
YUM! Restaurants (Marketing) Private Ltd., a wholly‑owned subsidiary of YRIPL, claimed that its advertising, marketing and promotion activities were carried out on a non‑profit, mutual‑concern basis and therefore its surplus should be exempt from tax. The Supreme Court examined the doctrine of …
The appellant, a trader, was assessed for AY 1998-99 and the Assessing Officer added Rs.2,26,000 as "cash credit" under Section 68 of the Income Tax Act, treating it as bogus entries because the appellant could not initially substantiate purchases from unregistered marble dealers. The appellant …
The UAE Exchange Centre, a UAE company, obtained RBI permission under the Foreign Exchange Regulation Act to operate liaison offices in India for limited functions such as receiving remittance data, printing cheques/drafts and couriering them to beneficiaries. The Authority for Advance Rulings held …
The Union of India challenged the constitutional validity of clause (f) inserted by the Finance Act, 2001 into Section 43B of the Income Tax Act, 1961, which made deductions for leave‑encashment payable only on actual payment. Exide Industries argued that the clause violated the assessee's right to …
The appellant New Delhi Television Ltd. challenged a notice issued under section 147 of the Income Tax Act alleging that undisclosed income had escaped assessment. The Court examined whether the revenue had a prima facie reason to believe such escapement, whether the assessee had fully disclosed all …
The Rajasthan State Electricity Board (a government company) filed its return for AY 1991‑92 on 30‑12‑1991 claiming 100% depreciation, although the Taxation Laws (Amendment) Act, 1991 had already restricted depreciation for companies to 75%. The Assessing Officer disallowed the excess 25% …
The partnership firm Chetak Enterprises entered into an agreement with the Government of Rajasthan to construct a road and collect tolls. The road was completed on 27‑03‑2000 and the firm was converted into a private limited company on 28‑03‑2000 under Part IX of the Companies Act, 1956. The company …
The Income Tax Department conducted a search and seizure operation under s.132(1) at the residence of a director of M/s Super Malls (P) Ltd., seizing a pen‑drive and documents showing cash receipts of the company. The Assessing Officer, who was also the Assessing Officer of the director, issued a …
The Supreme Court examined whether employees who retired under the State Bank of India Voluntary Retirement Scheme (VRS) of 2000 and had completed fifteen years of service were entitled to a proportionate pension under the SBI Employees' Pension Fund Rules. The Court held that the Central Board of …
The Ananda Social and Educational Trust was formed on 30 May 2008 and applied for registration under section 12AA of the Income Tax Act on 10 July 2008, having not yet undertaken any charitable activities. The Commissioner of Income Tax rejected the application on the ground that, in the absence of …
Maruti Suzuki India Ltd., a manufacturer of automobiles liable to excise duty, claimed deductions under Section 43B of the Income Tax Act for a large unutilised MODVAT credit of Rs 69.93 crore and for sales tax recoverable amounting to Rs 3.08 crore for AY 1999‑2000. The Assessing Officer, the …
M/s Dalmia Power Ltd. and M/s Dalmia Cement (Bharat) Ltd. filed original income tax returns for AY 2016-17 and later entered into schemes of arrangement and amalgamation with nine other companies, which were approved by the NCLT only in April-May 2018. The companies filed revised returns on 27 …
The case arose from a complaint by the mother of a pre‑term baby who became totally blind due to alleged failure to screen for Retinopathy of Prematurity (ROP). The National Consumer Disputes Redressal Commission held the hospital and three doctors negligent and awarded Rs. 64,00,000 in …
M/s Seshasayee Steels Ltd entered into an agreement to sell land to Vijay Santhi Builders Ltd and granted a licence to commence construction, later executing a Power of Attorney and a compromise deed that reduced the consideration and stipulated payment by post‑dated cheques, all of which were …
The appellants, tenants of shops in a Gurudwara, challenged the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 on the ground that it withdrew the protection afforded to them under the East Punjab Urban Rent Restrictions Act, 1949 and violated Article 14. The Supreme Court …
Genpact India Private Limited bought back shares from its Mauritius holding company and was assessed a tax under Section 115QA of the Income Tax Act, 1961. The assessee denied liability and challenged the assessment order through a writ petition under Article 226, arguing that no statutory appeal …
The Principal Commissioner of Income Tax (Central)-1 sought to dismiss a miscellaneous application filed by NRA Iron & Steel Pvt. Ltd. for a recall of a Supreme Court judgment on the ground that the company had not been served with the notice of the Special Leave Petition (SLP). The company alleged …
The suit concerned a house inherited by the late K. Basavaraja Urs and his son K.B. Ramchandra Raj Urs (defendant No.1). Plaintiffs Sarah C. Urs and P. Chandrakantaraj Urs entered into an agreement to purchase the property on 24 April 1979, with the late father acting through his son as power of …
The Supreme Court examined whether the definition of "gross revenue" in clause 19.1 of the telecom licence agreement, which determines the Adjusted Gross Revenue (AGR) for licence fee calculation, could be challenged by the licensees. It held that the contractual definition is binding, that TRAI and …
The assessee filed its return for AY 2006-07 under the E‑Module scheme and the Assessing Officer issued a notice under section 143(2) of the Income Tax Act on 5 Oct 2007 to the address recorded in the PAN database. The assessee claimed that it had changed its registered address and that the notice …
The Central Bureau of Investigation (CBI) filed a criminal case against Arvind Khanna for receiving Rs 9.04 crore from eight foreign entities without prior government permission, alleging violation of the Foreign Contribution (Regulation) Act (FCRA) 1976. The trial court took cognizance under the …
The Supreme Court examined two Special Leave Petitions filed by IDBI Bank Ltd. challenging a High Court order that dismissed its application to execute a sale deed of KOFL's sole immovable property and revived winding‑up proceedings against KOFL. The Court held that the winding‑up petition must be …
The Delhi High Court had restrained the Union of India from proceeding against Gautam Khatian under Section 55 of the Black Money Act, holding that the Act’s penal provisions were retrospectively applicable from 1 July 2015. The Supreme Court examined whether the Central Government, while exercising …
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 …
The Union of India acquired a 1053.5 sq.m. property in Mumbai under Section 269UD(1) of the Income Tax Act, but successive auctions from 1994 to 2017 failed to attract a buyer. Sankalp Recreation Private Limited (appellant) offered Rs.32.11 crore, which was rejected, and later bid Rs.30.21 …
The Commissioner of Income Tax, Karnal appealed against judgments of the High Court of Punjab and Haryana which had held that supporting manufacturers were entitled to the same deduction under Section 80HHC of the Income Tax Act as direct exporters, relying on the Baby Marine Exports decision. The …
The appellants had taken term loans from Bank of India which later became non‑performing, prompting the bank to invoke sections 13(2) and 13(4) of the SARFAESI Act and take constructive possession of the mortgaged property. After a public auction on 19 December 2005, the highest bidder was issued a …
The assessee, Laxman Das Khandelwal, a broker, was subjected to a search and seizure and subsequently assessed under Section 143(3) of the Income Tax Act, 1961 with large additions. He appealed, and the Revenue filed a cross‑objection alleging that no notice under Section 143(2) had been issued, …
The appellants, prospective buyers, entered into an agreement to purchase a 9,500‑sq‑yard plot with two godowns for Rs 99,84,500 and reported the transaction under s.269UC of the Income Tax Act. The Income Tax Department’s appropriate authority, after a valuation showing the market value to be about …
The assessee, Suzuki Powertrain India Ltd (SPIL), was amalgamated into Maruti Suzuki India Ltd (MSIL) effective 1 April 2012. For Assessment Year 2012-13, a notice under s.143(2) of the Income Tax Act was issued to SPIL, which no longer existed, and a final assessment order adding Rs. 78.97 crore …
Prashanti Medical Services & Research Foundation, a charitable trust, obtained approval for its heart hospital project under Section 35AC of the Income Tax Act, enabling donors to claim tax deductions for contributions. After receiving large donations in 2015-16 and 2016-17, the Finance Act, 2016 …
Peerless General Finance and Investment Co. Ltd. floated collective investment schemes where subscribers deposited money that was to be repaid with interest and could be forfeited under certain clauses. For assessment years 1985-86 and 1986-87 no forfeiture occurred, yet the company recorded the …
The dispute concerned a Delhi property that had been sold at a public auction by the Income Tax Department in 1964 to V.N. Vasudeva. The respondents, grandchildren of the original owner, challenged the sale through a civil suit and a writ petition, while the appellants, heirs of the lawyer who …
In Sundar Gupta & Ors. v. Sunil Vasudeva & Ors., a contempt petition (C) No. 1721 of 2017 was filed alleging contempt of the Supreme Court under Section 293 of the Income Tax Act, 1961. The petition arose from proceedings in I.A. No. 4 of 2017 and Civil Appeal No. 5140 of 2019, which were also the …
The assessees Ryatar Sahakari Sakkarre Karkhane Niyamit filed several appeals under Section 260-A of the Income Tax Act, which were dismissed by the Karnataka High Court without framing any substantial question of law as mandated by Section 260-A(3). The Supreme Court examined whether the High Court …
Snowtex Investment Ltd., a non‑banking financial company, incurred a loss from share trading in AY 2008‑09 and sought to set off that loss against profits earned from futures and options trading. The assessing officer treated the share‑trading loss as a speculation loss and disallowed the set‑off, …
The Commissioner of Income Tax appealed a decision of the High Court that had dismissed the appeal against an addition of Rs.1,70,94,000 made under section 148 of the Income Tax Act. The Supreme Court examined whether the High Court complied with the mandatory procedure of section 260-A, which …
The Assessing Officer issued a notice under section 148 of the Income Tax Act for the assessment year 1999-2000, which the assessee (Nokia India) contested on the ground that it was based merely on a change of opinion. The ITAT upheld the assessee's objections, declaring the notice bad in law, and …
The Supreme Court examined whether, before the Finance Act 2008 amendment, an assessing officer could extend the time for filing a special audit report under s.142(2C) of the Income Tax Act without an application by the assessee. The Delhi High Court had held that such power did not exist, rendering …
The Income Tax Department appealed against a High Court order that dismissed its challenge to the applicability of Section 35-D of the Income Tax Act, 1961 to Yes Bank Ltd. The core issue was whether Yes Bank, as an industrial undertaking, could claim the deduction under Section 35-D for the …
The Income Tax Department appealed an assessment order, but the Rajasthan High Court dismissed the appeal as infructuous after learning that the assessee company, Gopal Shri Scrips Pvt. Ltd., had been struck off the register under Section 560(5) of the Companies Act, 1956. The question before the …
The appellant, the Commissioner of Income Tax, Bombay, challenged the deduction claimed by Tasgaon Taluka Sahakari Sakhar Karkhana Ltd., a cooperative sugarcane processor, for the price paid to cane growers that exceeded the Statutory Minimum Price (SMP) fixed under Clause 3 of the Sugar Cane …
The assessee, NRA Iron & Steel Pvt. Ltd., claimed receipt of Rs 17.6 crore as share capital/premium from various companies in AY 2009‑10. The Assessing Officer questioned the genuineness of the transaction and issued notices, but the investor companies did not appear and field enquiries revealed …
Kakadia Builders Pvt. Ltd. and its promoter filed settlement applications before the Income Tax Settlement Commission while assessment proceedings were pending. The Commission, on 11 August 2000, added tax and waived interest under Sections 234A, 234B and 234C, but both the assessee and the Revenue …
M/s. Vijay Industries appealed against the Commissioner of Income Tax seeking a 20% deduction under Section 80HH for the assessment years 1979‑80 and 1980‑81. The dispute centered on whether the deduction should be calculated on gross profits and gains (before depreciation, unabsorbed depreciation …
The Revenue (Commissioner of Income Tax) appealed an ITAT order that had allowed the assessee, M/s Rashtadrood (HUF), under Section 260A of the Income Tax Act, 1961. The High Court dismissed the appeal after hearing both parties but neither framed any substantial question of law nor provided reasons …
The dispute concerned whether Adani Power Ltd. was entitled to an adjustment in its monthly tariff payments – including carrying costs – after the Ministry of Commerce and Industry withdrew SEZ duty and service‑tax exemptions in 2015‑16. The parties relied on Article 13 of their Power Purchase …
M/s. Aarham Softronics and other assessees set up new manufacturing units in Himachal Pradesh and claimed a 100% deduction of profits under Section 80‑IC of the Income Tax Act for the first five assessment years, followed by a 25% deduction for the next five years. After the initial five‑year period …
The Delhi Development Authority (DDA) auctioned a lease‑hold residential plot that had been acquired by the Income Tax Department under Section 269UD of the Income Tax Act, which had already paid the unearned increase to DDA. M/s. Karamdeep Finance & Investment (I) Pvt. Ltd. purchased the plot at …
Ravi Agrawal, a differently‑abled petitioner, filed a public‑interest writ under Article 32 seeking to compel the Union of India and LIC to allow annuity or lump‑sum payments from the Jeevan Aadhar insurance scheme to disabled dependents even while the parent/guardian is alive. The petitioner relied …
The Urban Improvement Trust (UIT) of Kota, created under the Rajasthan Urban Improvement Act, 1959, claimed exemption from income tax under Section 10(20) of the Income Tax Act, 1961, asserting that it qualified as a "local authority" within the meaning of clause (iii) of the explanation – i.e., a …
The Mumbai Metropolitan Region Development Authority (MMRDA) entered into a monorail contract with a consortium comprising Larsen & Toubro (India) and Scomi Engineering Bhd (Malaysia). Disputes over interim claims led the consortium to file a petition under Section 11 of the Arbitration and …
The Supreme Court upheld the constitutional validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which provides a unique identity number to residents based on biometric and demographic data. The petitioners challenged the Act on grounds of …
M/s. Classic Binding Industries set up a manufacturing unit in Himachal Pradesh and claimed a 100% deduction under Section 80‑IC of the Income Tax Act for the first five assessment years (2006‑07 to 2010‑11). After completing those years, it claimed another 100% deduction for subsequent years, …
M/s S.G. Asia Holdings (India) Pvt. Ltd. received brokerage from its parent company at a rate of 0.05%, which the Assessing Officer (AO) deemed lower than market rates and made a transfer pricing addition of Rs.2,89,82,746 under Section 92 of the Income Tax Act. The AO did not refer the matter to a …
The Supreme Court examined whether the Government of NCT of Delhi could impose a condition requiring private charitable hospitals that received land at concessional rates to provide free treatment to economically weaker sections. The Court held that such a condition is a valid exercise of executive …
The petitioners, including Common Cause, challenged the appointments of K.V. Chowdary as Central Vigilance Commissioner (CVC) and T.M. Bhasin as Vigilance Commissioner (VC) on the ground that the selections violated the constitutional principles of impeccable and institutional integrity. They …
The New Okhla Industrial Development Authority (NOIDA), created under the U.P. Industrial Area Development Act, 1976, challenged income‑tax notices on the ground that it qualified as a "local authority" and was therefore exempt under section 10(20) of the Income Tax Act, 1961 as amended by the …
Canara Bank paid interest on fixed deposits to the New Okhla Industrial Development Authority (NOIDA) without deducting tax at source under Section 194A of the Income Tax Act, 1961. The Assessing Officer treated the bank as a defaulter and issued a demand notice, which the bank appealed, relying on …
Rajesh Projects entered a 90‑year lease with the Greater Noida Industrial Development Authority (GNIDA) and paid an upfront lease premium plus annual lease rent. The Income‑Tax Department issued notices for non‑deduction of tax at source (TDS) under Section 194‑I on the lease rent, the company …
Mahabir Industries, a polythene manufacturer in Himachal Pradesh, claimed tax deductions under Section 80‑IA for two years, then under Section 80‑IB for five years, and after a substantial expansion in AY 2006‑07, under Section 80‑IC. The Assessing Officer allowed the 100% deduction for AY 2006‑07 …
The Revenue (Commissioner of Income Tax, Chennai) conducted a search of the assessee S. Ajit Kumar’s premises on 17 July 2002 and, on the same day, a survey of the builder, Elegant Constructions and Interiors Ltd., whose premises revealed a cash payment of Rs 95.16 lakhs that had not been accounted …
M/s Carpet India, a carpet manufacturer, sold its products to an export house (IKEA Trading) which exported them abroad. The assessee claimed a deduction under Section 80HHC of the Income Tax Act, 1961, on a par with a direct exporter, based on export incentives such as Duty Drawback and DEPB. The …
The appellant, B.L. Passi, claimed a deduction under Section 80-O of the Income Tax Act, 1961 for fees received from Sumitomo Corporation, Japan, alleging that he provided specialized industrial and commercial knowledge, market information, and technical assistance in the form of blue‑prints for …
The Supreme Court considered whether interest earned on share application money that a company is statutorily required to keep in a separate bank account until shares are allotted can be taxed as income from other sources or set off against public issue expenses. The respondent company had shown the …
Mahindra & Mahindra Ltd. obtained a loan of $650,000 from Kaiser Jeep Corporation to purchase tooling equipment. The loan, bearing 6% interest, was later waived by American Motor Corporation, the successor lender, resulting in a cash receipt of Rs 57,74,064 for Mahindra. The Income Tax Officer …
M/s TechSpan India Private Ltd. filed its return for AY 2001‑02 declaring income from software development and human‑resource services, claiming common expenses and a deduction under s.10A. The assessing officer, after a show‑cause notice under s.143, rectified the assessment to nil tax. Later, the …
The appellant, a partner in Nitya Kali Rice Mill, was subject to a search under Section 132 of the Income Tax Act at the firm’s premises, resulting in seizure of documents and cash. A notice under Section 158BC was issued to both the firm and the appellant on 9 September 1999, prompting the …
Virtual Soft Systems Ltd claimed a deduction for lease equalisation charges in its 1999-2000 income tax return. The Assessing Officer disallowed the deduction, but the Income Tax Appellate Tribunal allowed it, a decision upheld by the High Court. The Revenue appealed to the Supreme Court, …
M/s Container Corporation of India Ltd. (CONCOR) claimed a deduction under Section 80‑IA of the Income Tax Act, 1961 for profits earned from its Inland Container Depots (ICDs) for assessment years 2003‑04 to 2005‑06. The Assessing Officer rejected the claim, the Tribunal allowed deduction only for …
The respondent, a stock broker approved by Indian Bank, was instructed to purchase securities on the bank's behalf and to use part of the proceeds to pay additional interest to certain public sector undertakings (PSUs) via demand drafts. The Assessing Officer treated the amount of Rs 14.73 crore, …
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 …
The respondent, Bharat V. Patel, Chairman and MD of Procter & Gamble India, received Rs 6,80,40,724 on redemption of Stock Appreciation Rights (SARs) issued by P&G USA in 1997, before the Finance Act, 1999 amendment to Section 17(2) became effective on 1 April 2000. The Revenue argued that the …
HCL Technologies Ltd. claimed deductions under Section 10A of the Income Tax Act, 1961 for freight, telecommunication, insurance and software development expenses incurred in exporting software and providing technical services abroad. The Assessing Officer excluded these expenses from the total …
Mahaveer Kumar Jain, a resident of Rajasthan, won a Rs.20 lakh prize in the 1986 Sikkim State lottery. The prize was taxed at source under the Sikkim State Income Tax Rules, 1948, and Jain claimed a deduction under Section 80TT of the Income Tax Act, 1961. The Assessing Officer and subsequent …
The Director, Prasar Bharati (Doordarshan) entered into agreements with several advertising agencies, paying them a 15% commission on advertising revenue for the assessment years 2002‑03 and 2003‑04. The Assessing Officer held that the payments fell within the definition of "commission" under …
The Supreme Court examined whether receipts such as non‑occupancy charges, transfer charges and common‑amenity‑fund contributions received by a premises cooperative society from its members are taxable as business income or exempt under the doctrine of mutuality. The Court held that the doctrine of …
The appellant vendors entered into an agreement to sell land to the respondent purchaser in 1986, with a clause requiring the vendors to obtain a no‑objection certificate and an income‑tax clearance certificate before execution. The purchaser paid an advance but failed to deposit the balance …
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 …
The Commissioner of Income Tax (Mumbai) appealed against the Bombay High Court's dismissal of its challenge to the applicability of Rule 8D, which provides a method for computing expenditure under Section 14A of the Income Tax Act. The issue was whether Rule 8D, introduced by the Income‑Tax (Fifth …
National Travel Services, a partnership firm, obtained a loan from Jetair Private Ltd and subscribed to its equity in the names of two partners, who were registered shareholders holding 48.19% of the shares but held them for the benefit of the firm. The firm challenged whether Section 2(22)(e) of …
The Supreme Court, hearing Justice K.S. Puttaswamy (Retd.) v. Union of India (Writ Petition No. 494 of 2012), considered interim orders that limited the use of Aadhaar to six government schemes and made its linkage voluntary pending a final decision. The petitioners argued that the Union could not …
The assessee, ACE Multi Axes Systems Ltd., claimed a deduction under Section 80IB(3) of the Income Tax Act for ten consecutive assessment years, asserting it qualified as a small‑scale industrial undertaking in the initial year. The Revenue disallowed the deduction for the assessment year 2005‑06 …
The Commissioner of Income Tax appealed against the orders of the Delhi and Punjab & Haryana High Courts which allowed M/s Modipon Ltd. to claim a deduction under Section 43B of the Income Tax Act, 1961 for the balance amount in its Personal Ledger Account (PLA) representing advance deposits of …
The Supreme Court examined whether Income Tax Circular No. 3 of 2011, which bars filing of High Court appeals where the tax impact is below Rs 10 lakh, applies retrospectively to appeals already pending before the circular came into force. The Court noted divergent views among High Courts and …
Mis. K. Lakshmanya & Co., a partnership, paid interest under Sections 234(A)-(C) for assessment years 1993-94 and 1994-95 and applied to the Settlement Commission to have that interest waived. The Commission, relying on a CBDT circular, partially waived the interest, after which the Assessing …
The Supreme Court examined whether mobilisation fees paid to non‑resident oil‑exploration companies under contracts with ONGC constitute "profits and gains" taxable under Section 44BB of the Income Tax Act, 1961. The Court held that such fees fall within clause (a) of Section 44BB(2), are deemed …
The Supreme Court examined whether two US‑incorporated companies, eFunds Corp. and eFunds IT Solutions Inc., had a permanent establishment (PE) in India under the India‑US Double Taxation Avoidance Agreement (DTAA). The Revenue argued that a fixed place of business, a service PE, and an agency PE …
Plastiblends India Ltd., an industrial undertaking, claimed a 100% deduction under Section 80‑IA of the Income Tax Act for assessment years 1997‑98 to 2000‑01, having elected not to claim depreciation under Section 32. The Assessing Officer reduced the profits by depreciation when computing the …
The respondents, members of a cooperative housing society, entered into a Joint Development Agreement (JDA) with developers to develop 21.2 acres of land. Only two instalments were paid and 7.7 acres were conveyed, for which capital gains tax was paid. The Assessing Officer and the ITAT treated the …
The petitioners, Dushyant N. Dalal and his wife, were ordered by SEBI to disgorge unlawful gains of Rs.4.05 crore and pay a penalty of Rs.6 crore, with a debarment of seven years if unpaid. They challenged the SEBI order, arguing that interest could not be levied retrospectively under Section 28A of …
The Union of India challenged the constitutional validity of Section 115‑0 of the Income Tax Act, 1961, which imposes an additional 10% tax on dividends declared by domestic companies. Tea companies argued that because up to 60% of their income is agricultural, the dividend is agricultural income …
The Commissioner of Income Tax-III, Pune challenged the assessment of Sinhgad Technical Education Society, a charitable educational institution, which was treated as an Association of Persons after a search under Section 132 revealed alleged capitation fees. The Assessing Officer issued a notice …
The State Government fixed lease rent for land allotted to the assessee in 1988, which the assessee contested but was rejected in 1991. The assessee claimed a deduction of the accumulated lease rent in Assessment Year (AY) 1992‑93, arguing that the dispute was sub‑judice until the State’s final …
The appellants, bona‑fide tenants of a property owned by Krishna Budha Gawde, challenged the forfeiture of that property under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA). Gawde had been detained under COFEPOSA and his property was declared “illegally …
The petitioners challenged the demand for court fees on appeals filed under Section 260A of the Income Tax Act, 1961, arguing that the right of appeal vested on the date of assessment (or the date the demand was negatived) and that the amendment inserting Section 52A in the Kerala Court Fees and …
