Supreme Court of India

When will the Rip Van Winkleism stop- SC Slam Central Govt

Union of India Vs Pirthwi Singh (Supreme Court of India)

To make matters worse, in this appeal, the Union of India has engaged 10 lawyers, including an Additional Solicitor General and a Senior Advocate! This is as per the appearance slip submitted to the Registry of this Court. In other words, the Union of India has created a huge financial liability by engaging so many lawyers for an appeal w...

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SC refuses to stay oath ceremony of BJP’s BS Yeddyurappa, says final hearing after perusing letter given to Karnataka governor

Dr. G. Parmeshwara & Anr. Vs Union of India Ministry of Home Affairs (Supreme Court of India)

The petitioners have filed this petition challenging the validity of Communication No.GS 41 GOB 2018 dated 16th May, 2018, addressed by the Governor of Karnataka to Shri B.S. Yeddyurappa (respondent No.3 herein) inviting him to form the government and be sworn in as the Chief Minister of the State of Karnataka....

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Civil Suit not Maintainable after initiation of SARFAESI Proceedings: SC

M/s Sree Anandhakumar Mills LTD. Vs M/s Indian Overseas Bank & ORS. (Supreme Court of India)

Though the case has a chequered history and the facts are long the matter lies within a short compass. The core question is one relating to the maintainability of the suit, viz., O.S. No.106 of 2009 filed by the second respondent – Nandini seeking partition wherein the order of injunction was passed....

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Deduction U/s 80HHC on Duty Draw Back & DEPB to supporting manufacturer; SC refers to larger bench

Commissioner of Income Tax Vs M/s Carpet India (Supreme Court of India)

Whether in the light of peculiar facts and circumstances of the instant case, supporting manufacturer who receives export incentives in the form of duty draw back (DDB), Duty Entitlement Pass Book (DEPB) etc. is entitled for deduction under Section 80HHC of the Income Tax Act, 1961?...

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Unless otherwise expressly provided, same income cannot be taxed twice

Mahaveer Kumar Jain Vs Commissioner of Income Tax (Supreme Court Of India)

Mahaveer Kumar Jain Vs CIT (Supreme Court) It is a fundamental rule of law of taxation that, unless otherwise expressly provided, income cannot be taxed twice. Furthermore, a taxing Statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on […]...

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Depreciation was to be reduced to arrive at profits eligible for deduction U/s. 80-IA

Plastiblends India Ltd. Vs Addl. CIT (Supreme Court of India)

Plastiblends India Ltd. Vs Addl. CIT (Supreme Court of India) Section 80-IA is a code by itself, it contains the provision for special deduction which is linked to profits. In contrast, Chapter IV of the Act, which allows depreciation under Section 32 of the Act is linked to investment. This Court has also made it […]...

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Services of managing agent rendered to a foreign company are not technical services U/s. 80-O

B. L. Passi Vs. CIT (Supreme high Court)

The Appellant failed to prove that he rendered technical services to the Sumitomo Corporation and also the relevant documents to prove the basis for alleged payment by the Corporation to him. The letters exchanged between the parties cannot be claimed for getting deduction under Section 80-O of the IT Act....

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SC on validity of Second (Fresh) Notice U/s. 158BD

Tapan Kumar Dutta Vs Commissioner of Income Tax ( Supreme Court of India)

Tapan Kumar Dutta Vs. CIT (Supreme High Court) On a conjoint reading of Sections 158BC and 158BD, it is clear that no satisfaction to the effect that undisclosed income belongs to the searched person is necessary before issuing the notice under Section 158BC against the searched person as Section 158BC speaks of a condition that […...

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Components of boilers cleared as parts but essential to put into operation the boilers, would be classifiable under sub-heading 8402.10

Commissioner of Central Excise Vs M/s Bhel (Supreme Court of India)

The issue arising in this appeal is whether the essential components/parts of a boiler cleared by the assessee would attract duty under sub-heading 8402.10 of the first schedule of Central Excise Tariff Act, 1985 or sub-heading 8402.90 of the said schedule....

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Reassessment merely based on allegation that appellant has PE in India cannot be sustained

Honda Motor Co. Ltd Vs ADIT (Supreme Court of India)

Honda Motor Co. Ltd Vs ADIT (Supreme Court of India) In the judgment of this Court dated 24th October, 2017 in Assistant Director of Income Tax-I, New Delhi v. M/s. E-Funds IT Solution Inc., Civil Appeal NO.6082 of 2015 and connected matters, it has been held that once arm’s length principle has been satisfied, there can […]...

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