Direct Taxation Archives - Page 3 of 9 - Supreme Court of India Judgements

January 21, 2025 4:22 pm

Income Tax Act, 1961 – Domicile or the registration of the company is not at all relevant and the determinate test is where the sole right to manage and control of the company lies.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANSAROVAR COMMERCIAL PRIVATE LIMITED — Appellant Vs. COMMISSIONER OF INCOME TAX, DELHI — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Direct Taxation Income Tax

Income Tax Act, 1961 – Section 80-IB – No deduction is admissible under section 80-IB of the Income Tax Act, 1961 on the profit earned from Duty Entitlement Pass Book Scheme/Duty Drawback Schemes.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SARAF EXPORTS — Appellant Vs. COMMISSIONER OF INCOME TAX, JAIPUR-III — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Corporate Direct Taxation

Service tax – Import of design and drawings in a paper liable for payment of service tax under the design services

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX — Appellant Vs. M/S SUZLON ENERGY LIMITED — Respondent ( Before : M.R. Shah and Krishna…

Direct Taxation

Income tax Act, 1961 – Sections 263 and 263(1) – Revision of orders prejudicial to revenue -If due to an erroneous order of the Income Tax Officer, the Revenue is losing tax lawfully payable by a person, it will certainly be prejudicial to the interests of the Revenue.

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE COMMISSIONER OF INCOME TAX 7 — Appellant Vs. M/S. PAVILLE PROJECTS PRIVATE LIMITED — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

Direct Taxation

Income Tax Act 1961- Sections 132 and 153C – Section 153C has been amended by way of substitution whereby the words “belongs or belong to” have been substituted by the words “pertains or pertain to” – Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed.

Apr 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INCOME TAX OFFICER — Appellant Vs. VIKRAM SUJITKUMAR BHATIA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

Direct Taxation

Income Tax Act, 1961 – Section 158BC and 158BE – Time limitation for commencement of block assessment – 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 authorization.

Mar 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL MINDA AND OTHERS — Appellant Vs. COMMISSIONER OF INCOME TAX — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Direct Taxation

Income Tax Act, 1961 – Sections 2(15) and 11 – Exemption for income derived from property held under trust – the matter requires to be re-examined, and the question as to whether the amounts received by the assessee qualify for exemption, under Section 2 (15) or Section 11 needs to be gone into afresh.

Feb 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI — Appellant Vs. SERVANTS OF PEOPLE SOCIETY — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Direct Taxation

Income Tax Act, 1961 – Sections 158BC, 158BD and 158BFA – Payment of interest – Assessee are liable to pay the interest under Section 158BFA of the Income Tax Act for late filing of the return under Section 158BC of the Income Tax Act, in absence of any notice under Section 158BC upon the assessee-persons other than searched persons.

Jan 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.L. SWAMY — Appellant Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Direct Taxation

Income Tax Act, 1961 – Section 45(4) – Capital gains – Assets revalued and the credit into the capital accounts of the respective partners can be said to be “transfer” and which fall in the category of “OTHERWISE” and therefore, the provision of Section 45(4) inserted by Finance Act, 1987 w.e.f. 01.04.1988 shall be applicable.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE COMMISSIONER OF INCOME TAX – 23 — Appellant Vs. M/S. MANSUKH DYEING AND PRINTING MILLS — Respondent ( Before : M.R. Shah and…

Direct Taxation

HELD articles/goods which are manufactured by the assessee, namely, polyurethane foam is an article classifiable in the Eleventh Schedule (entry 25), considering Section 80- IB(2)(iii), the assessee shall not be entitled to the benefit under Section 80-IB of the IT Act.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S POLYFLEX (INDIA) PVT. LTD. — Appellant Vs. THE COMMISSIONER OF INCOME TAX AND ANOTHER — Respondent ( Before : M.R. Shah and M.M.…

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Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

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A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

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Category: Direct Taxation

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