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supreme court judgements

Post sale discounts shall not form part of the turnover

Income Tax - The Appellant raised the tax invoices on the purchasers as per the policy of manufacturers of vehicles to maintain uniformity in the price thereof. After the sales were completed, credit notes were issued to the customers granting discounts, in order to meet the competition in the market and for allied reasons. ...

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Ordinance Raj? Not Any More

Income Tax - Apex Judiciary has given a new year gift by pronouncing 2 important judgments, both by constitution bench of 7 members dated January 2, 2017. 1. Re-promulgation of ordinances is invalid and is fraud on constitution 2. A candidate can-not ask for votes in the name of religion, language, caste etc....

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Service tax chargeable on constructed area provided by developers to land owners in lieu of development rights

Income Tax - Whether transaction where Petitioner and his siblings agreed to exchange certain part of undivided share of land with Developer in lieu of constructed area under an Agreement for development, exigible to Service tax?...

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No service tax on Arrangement b/w parties for sharing common storage facilities

Income Tax - Whether handling portion and maintenance including incineration facilities by one party on behalf of another is in the nature of providing 'Storage and Warehousing Services' falling under Section 65(105)(zza) of Finance Act, 1994...

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Service tax burden can be passed on by contractual agreement but revenue cannot be asked to wait for recovery of tax dues

Income Tax - Whether burden of Service tax can be transferred to other party through contractual agreement? Further, whether Revenue can be asked to recover tax dues from the third party or wait till amount has been recovered from contractors?...

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SC Upholds Applicability of Renewable Purchase Obligation on Captive Power Plants

Income Tax - Supreme Court Upholds Applicability of Renewable Purchase Obligation on Captive Power Plants; Order a Positive Development and will Help Renewable Energy Growth in the Country The Supreme Court order dated 13 May 2015 in the case between the Hindustan Zinc vs Rajasthan Electricity Regulatory Commission on the applicability of Renewable Pu...

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Supreme Court Judgement in Disciplinary matter of ICAI

Income Tax - Sub: Judgement dated 13th May, 2015 of the Hon’ble Supreme Court of India in a Disciplinary matter The Hon’ble Supreme Court of India in a landmark Judgment delivered on 13th May, 2015 in an appeal filed by a member of the Institute [Respondent in a disciplinary matter] and Others has upheld the Judgment given by […]...

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Supreme Court constitutes Social Justice Bench

Income Tax - SUPREME COURT OF INDIA The Constitution of India in its Preamble has assured the people a three dimensional justice including social justice. Under the domain of ‘social justice’, several cases highlighting social issues are included. To mention summarily, about the release of surplus food grains lying in stocks for the use of...

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SC passes Costliest Bail Order in the case of Subrata Roy

Income Tax - Sahara group will have to pay Rs 10,000 crore to get interim bail for its Chief Subrata Roy and firm’s two directors, who are behind the bars since March four, the Supreme Court on Wednesday ordered. A bench of justices K S Radhakrishnan and J S Khehar said that interim bail will be granted only […]...

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Modified SC guideline to prevent accidents of Small Children due to their falling into Abandoned Bore wells & Tube Wells

Income Tax - Supreme Court modifies Guidelines for 'Measures for Prevention of Fatal Accidents of Small Children due to their falling into Abandoned Bore wells and Tube Wells'...

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Writ Petition to challenge issue of reopening notice u/s 148 is maintainable

Jeans Knit Private Limited Vs DCIT (Supreme Court of India) - High Courts in all these cases have dismissed the writ petitions preferred by the appellant/assessee herein challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 and the reasons which were recorded by the Assessing Officer for reopening the assessment....

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SC upheld addition of loan taken fraudulently by creation of accounts by way of name leading

CIT & ANR. Vs Karnataka Planters Coffee Curing Work (P) Ltd (Supreme Court of India) - In the present case, in the face of clear findings that loan applications were processed by Officers of Assessee and loan transactions in question of aforesaid 37 persons were also handled really by Assessee and further in view of categorical finding that loan amounts were not reflected in returns o...

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SC held Sasikala and her two relatives guilty of Corruption

State Of Karnataka Vs. Selvi J. Jayalalitha & Ors. (Supreme Court) - In a land mark 570 Page Judgment on 14.02.2017 Supreme Court has sent VK Sasikala and her two relatives to jail for four years for corruption. Supreme court also barred VK Sasikala from holding public office or contesting elections for 10 years after holding her guilty of amassing wealth disproporti...

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As Advance tax not payable on salary Income so interest U/s. 234B, 234C cannot be levied

Ian Peter Morris vs. ACIT (Supreme Court of India) - In cases where receipt is by way of salary, deductions under Section 192 of the Act is required to be made. No question of payment of advance tax under Part 'C' of Chapter VII of the Act can arise in cases of receipt by way of 'salary'....

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SC orders attachment of Aamby Valley property in Sahara Case

S.E.B.I. vs. Sahara India Real Estate Corpn. Ltd. (Supreme Court) - Learned counsel appearing for SEBI, submitted that the contemnors who own a property situate at Aamby Valley City, Pune, Maharashtra, would be sufficient for realization of whole amount....

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Advocates only in proper uniform be allowed entry into Court Rooms – SC

NA - (02/12/2014) - On 24.11.2014 an Advocate, wearing Black Gown, Band and Saffron colour long gown entered into the Hon'ble Chief Justice's Court which was viewed seriously. It has been directed that, in future, Advocates only in proper uniform be allowed entry into the Court Rooms....

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‘Stainless steel wire’ is not declared goods under MVAT Provisions

Trade Circular No. 11 T of 2014 - (04/04/2014) - The matter is referred to Government for guidance as to whether the Supreme Court judgement be enforced for transactions effected prior to the date of the Supreme Court judgement i.e 26.4.2011....

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Rape is morally and physically most reprehensible crime in society – SC

NA - (20/05/2013) - Being the most hated crime, rape tantamounts to a serious blow to the supreme honour of a woman, and offends both, her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks....

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Allocation of quantities of cotton yarn for export in terms of Policy Circular No.17 dated 10th February 2011

Trade Notice No. 07/2011 - (10/03/2011) - All conditions in policy circular no 15 of 1st February 2011 will continue to apply, except the specification about dates and the calendar given in Annexure 2 thereof since the allocation is being made today (10th March 2011 and not on 10th February 2011). Special attention be paid to para 3(iv) & (...

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Recent Supreme Court Judgment Misinterpreted to Infer That Date Of Rejection of A Claim is Irrelevant

NA - (27/06/2010) - Limitation period means the time within which a person must file his case before a judicial authority for exercising his rights. This period is to be calculated from the date of the cause of action. This term does not have any definition, but it is well settled that “cause of action” is a mixed ...

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Recent Posts in "supreme court judgements"

Writ Petition to challenge issue of reopening notice u/s 148 is maintainable

Jeans Knit Private Limited Vs DCIT (Supreme Court of India)

High Courts in all these cases have dismissed the writ petitions preferred by the appellant/assessee herein challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 and the reasons which were recorded by the Assessing Officer for reopening the assessment....

Read More

SC upheld addition of loan taken fraudulently by creation of accounts by way of name leading

CIT & ANR. Vs Karnataka Planters Coffee Curing Work (P) Ltd (Supreme Court of India)

In the present case, in the face of clear findings that loan applications were processed by Officers of Assessee and loan transactions in question of aforesaid 37 persons were also handled really by Assessee and further in view of categorical finding that loan amounts were not reflected in returns of 37 persons in question, we do not see ...

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SC held Sasikala and her two relatives guilty of Corruption

State Of Karnataka Vs. Selvi J. Jayalalitha & Ors. (Supreme Court)

In a land mark 570 Page Judgment on 14.02.2017 Supreme Court has sent VK Sasikala and her two relatives to jail for four years for corruption. Supreme court also barred VK Sasikala from holding public office or contesting elections for 10 years after holding her guilty of amassing wealth disproportionate to her known income. She was also ...

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Post sale discounts shall not form part of the turnover

The Appellant raised the tax invoices on the purchasers as per the policy of manufacturers of vehicles to maintain uniformity in the price thereof. After the sales were completed, credit notes were issued to the customers granting discounts, in order to meet the competition in the market and for allied reasons. ...

Read More
Posted Under: Service Tax |

As Advance tax not payable on salary Income so interest U/s. 234B, 234C cannot be levied

Ian Peter Morris vs. ACIT (Supreme Court of India)

In cases where receipt is by way of salary, deductions under Section 192 of the Act is required to be made. No question of payment of advance tax under Part 'C' of Chapter VII of the Act can arise in cases of receipt by way of 'salary'....

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SC orders attachment of Aamby Valley property in Sahara Case

S.E.B.I. vs. Sahara India Real Estate Corpn. Ltd. (Supreme Court)

Learned counsel appearing for SEBI, submitted that the contemnors who own a property situate at Aamby Valley City, Pune, Maharashtra, would be sufficient for realization of whole amount....

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SC explains Meaning of compulsory acquisition under Land Acquisition Act, 1894

Balakrishnan vs. UOI (Supreme Court)

Merely because the compensation amount is agreed upon would not change the character of acquisition from that of compulsory acquisition to the voluntary sale. It may be mentioned that this is now the procedure which is laid down even under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement...

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Mere Entries in loose papers/ sheets are inadmissible as evidence: SC

Common Cause Vs UOI (Sahara Diaries) (Supreme Court of India)

We have heard learned counsel for the parties at length, as to Interlocutory Application Nos. 3 and 4 of 2017 filed in Writ Petition(Civil) No.505 of 2015....

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SC admits SLP on levy of Late TDS / TCS return Filing Fees U/s. 234E

Rashmikant Kundalia and another Vs Union of India(Supreme Court of India)

Against Bombay High Court order in case of Rashmikant Kundalia and another Vs UOI in Section 234E matter Supreme Court admits the SLP filed with it. ...

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Transer pricing adjustment should be restriced to AE transactions only- SC Admits SLP

Firestone International (P.) Ltd. (Supreme Court)

Hon’ble Supereme Court admits SLP- Transer pricing adjustment should be restriced to AE transactions only and not on entire turnover of assessee...

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Posted Under: Service Tax |
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