Supreme Court of India Judgements

46830 Judgements hosted as on 01/08/2025 - Search (FREE), Subscribe, Read & Download

Category: Direct Taxation

Direct Taxation

Income Tax Act, 1961 – Section 43B Explanation 3C – Explanation 3C, which was introduced for the “removal of doubts” , only made it clear that interest that remained unpaid and has been converted into a loan or borrowing shall not be deemed to have been actually paid

Aug 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.M. AQUA TECHNOLOGIES LIMITED — Appellant Vs. COMMISSIONER OF INCOME TAX, DELHI-III — Respondent ( Before : Rohinton Fali Nariman and B.R. Gavai, JJ.…

Direct Taxation

Income Tax Act, 1961 – Bogus donation – Cancellation of Trust Registration – HELD Donations were received by way of cheques out of which substantial money was ploughed back or returned to the donors in cash – The facts thus clearly show that those were bogus donations

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX (EXEMPTIONS), KOLKATA — Appellant Vs. BATANAGAR EDUCATION AND RESEARCH TRUST — Respondent ( Before : Uday Umesh Lalit and Ajay…

Direct Taxation

Income Tax Act, 1961 – Section 80-IA(5) – is limited to determination of quantum of deduction under sub-section (1) of Section 80-IA of the Act by treating ‘eligible business’ as the ‘only source of income’ – Sub-section (5) cannot be pressed into service for reading a limitation of the deduction under sub-section (1) only to ‘business income’.

May 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF INCOME TAX-I — Appellant Vs. M/S. RELIANCE ENERGY LIMITED (FORMERLY BSES LIMITED) THROUGH ITS M.D — Respondent ( Before : L. Nageswara…

Direct Taxation

Third proviso to Section 254(2A) of the Income Tax Act will now be read without the word “even” and the words “is not” after the words “delay in disposing of the appeal” – Any order of stay shall stand vacated after the expiry of the period or periods mentioned in the Section only if the delay in disposing of the appeal is attributable to the assessee.

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH DEPUTY COMMISSIONER OF INCOME TAX AND ANOTHER — Appellant Vs. M/S. PEPSI FOODS LTD. (NOW PEPSICO INDIA HOLDINGS PVT. LTD.) — Respondent ( Before…

Direct Taxation

Deduction – Co-operative Societies – Limited object of section 80P(4) is to exclude co-operative banks that function at par with other commercial banks HELD the primary object of which is to provide financial accommodation to its members for agricultural purposes or for purposes connected with agricultural activities.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE MAVILAYI SERVICE COOPERATIVE BANK LIMITED AND OTHERS — Appellant Vs. COMMISSIONER OF INCOME TAX, CALICUT AND ANOTHER — Respondent ( Before : R.…

Direct Taxation

I Tax Act, 1961 – S 40(a)(iib) – CoI, 1950 – Art 226 – VAT expenditure is not allowable as deduction – When the vires of S 40(a)(iib) of the I T Act were challenged, which can be decided by the High Court alone in exercise of powers under Art 226, the H C ought to have decided the issue with regard to vires of S 40(a)(iib) on merits, irrespective of the fact whether the matter was sub judice before the Income Tax Authority

Nov 29, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S TAMIL NADU STATE MARKETING CORPORATION LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash…

Direct Taxation

Advance Tax Ruling System – Aim of any properly framed advance ruling system ought to be a dialogue between taxpayers and revenue authorities to fulfil the mutually beneficial purpose for taxpayers and revenue authorities HELD Swedish model and the New Zealand system may be a possible way forward.

Sep 12, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION — Appellant Vs. COMMISSIONER OF INCOME TAX, DELHI-V — Respondent ( Before : Sanjay Kishan Kaul and Indu Malhotra,…

Direct Taxation

Wealth-Tax Act, 1957 – Sections 21AA and 167A – Club Rules – Rule 35 – Liability to pay Wealth Tax – Section 21AA does not enlarge the field of tax payers but only plugs evasion -applying the ratio of CWT v. Trustees of H.E.H. Nizam’s Family 108 ITR 555 (1977), HELD club members fixed body as on the date of liquidation. Appeal allowed.

Sep 9, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH M/S BANGALORE CLUB — Appellant Vs. THE COMMISSIONER OF WEALTH TAX AND ANOTHER — RespondentS ( Before : R. F. Nariman, Navin Sinha…

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I P C

Criminal proceedings may be quashed if allegations, even when uncontroverted, fail to establish an offense, considering freedom of speech and assembly.

Aug 1, 2025 sclaw
I P C

Criminal proceedings can be quashed if a civil dispute is disguised as a criminal offense, indicating an abuse of process. Penal Code, 1860 (IPC) — Sections 419, 420, 467, 468, 471 — Cheating, Forgery, Using Forged Document — Abuse of process of law — Civil dispute disguised as criminal offence — Complaint filed after significant delay following dismissal of objections and failure to pursue civil remedies — Allegations of fabrication of will and circumvention of sale deed not prima facie made out — Continuation of proceedings would be an abuse of process and not serve ends of justice — High Court erred in refusing to quash — Order set aside and proceedings quashed.

Aug 1, 2025 sclaw
I P C

Criminal proceedings may be quashed if cheating or criminal breach of trust elements are absent, or if civil disputes are wrongly criminalized, amounting to abuse of process.- Section 420 — Cheating — Ingredients not made out — Agreement to Sell for property was executed, but possession was not handed over as stipulated in the ATS — No fraudulent or dishonest inducement found — Criminal proceedings quashed.

Aug 1, 2025 sclaw
Constitution

Constitution of India, 1950 — Tenth Schedule, Para 6(1) — Disqualification of Members — Speaker’s authority to decide — Judicial review of Speaker’s decision — Scope of — Decision of Speaker is amenable to judicial review on grounds of jurisdictional errors, mala fides, non-compliance with natural justice, and perversity. Delay in deciding disqualification petitions — Speaker’s duty to decide expeditiously — Held, Speaker is bound to decide disqualification petitions within a reasonable period.

Aug 1, 2025 sclaw