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Supreme Court of India

Whether Court can Review Orders, Decision or Actions of IT Department

July 2, 2019 1305 Views 0 comment Print

Section 293 of the Income Tax Act,1961-provides that no suits in any civil court shall be filed to set aside any order made, proceedings or action taken by the department or any officer of the government or anything done in good faith.

SC on 100% Deduction U/s. 80IC on Substantial expansion for another terms of five years

June 19, 2019 3993 Views 0 comment Print

Pr. CIT Vs M/s. Aarham Softronics (Supreme Court) Whether an assessee who sets up a new industry of a kind mentioned in sub-section (2) of Section 80-IC of the Act and starts availing exemption of 100 per cent tax under sub-section (3) of Section 80-IC (which is admissible for five years) can start claiming the […]

Sec 68 No additions if assessee proves identity of share applicants: SC

June 12, 2019 1440 Views 0 comment Print

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Supreme Court ) Supreme Court in this Case upheld the Judgment of Hon’ble Delhi High Court and dismissed the Special Leave Petition filed by Income Tax Department. High Court  held that AO did not dispute the veracity of the documents produced. Furthermore, the two individuals who […]

GST: SC stays Gujarat HC decision which held Section 140(3)(iv) ultra-vires

June 8, 2019 8004 Views 0 comment Print

Union of India Vs Filco Trade Centre Pvt Ltd (Supreme Court) The instant petition was filed challenging the Constitutional vires of Section 140(3)(iv) of CGST Act, 2017 – The Gujarat High Court held that no just, reasonable or plausible reason is shown for making such retrospective provision taking away the vested rights – clause (iv) […]

Interest payable on differential duty payable due to retrospective price escalation

June 7, 2019 4398 Views 0 comment Print

M/s. Steel Authority of India Ltd. Vs Commissioner of Central Excise (Supreme Court) Larger Bench of Supreme Court has held that interest for delayed payment of Central Excise duty is liable to be paid on the differential excise duty payable due to retrospective price escala Earlier, doubting the correctness of the Supreme Court decision in […]

NCLAT order allowing re-opening of books and re-casting of financial statements of IL&FS valid: SC

June 4, 2019 2130 Views 0 comment Print

Hari Sankaran Vs Union of India & amp (Supreme Court of India) Civil Appeal No. 3747 of 2019 titled Hari Sankaran vs. Union of India & Others filed by Ex-Director of Infrastructure Leasing & Financial Services Limited before the Apex Court has been dismissed by the Hon’ble Court. The Civil Appeal No.3747/2019 was filed by […]

SC to clarify position of law on power to arrest under GST

May 30, 2019 25395 Views 1 comment Print

As the accused-respondents have been granted the privilege of pre-arrest bail by the High Court by the impugned orders, at this stage, we are not inclined to interfere with the same. However, we make it clear that the High Courts while entertaining such request in future, will keep in mind that this Court by order dated 27.5.2019 passed in SLP(Crl.) No. 4430/2019 had dismissed the special leave petition filed against the judgment and order of the Telangana High Court in a similar matter, wherein the High Court of Telangana had taken a view contrary to what has been held by the High Court in the present case.

Homeopathic Hair Oil exempted from Tax till 1995-96 under APGST Act, 1957: SC

May 28, 2019 723 Views 0 comment Print

Commissioner of Commercial Taxes Vs Ms Aswini Homeo Pharmacy (Supreme Court) The fact that the respondent is using the Homeopathic Pharmacopoeia referred to earlier in manufacturing of the hair oil has not been traversed by the appellant. Neither has the Commissioner dealt with that contention of the respondent nor was such a plea taken before […]

S. 43B Conversion of outstanding interest into loan not amount to payment

May 27, 2019 6699 Views 0 comment Print

CIT Vs. M/s Gujarat Cypromet Ltd. (Supreme Court of India) The conversion of outstanding interest into loan does not amount to actual payment of the interest in order to qualify for deduction in view of the retrospective insertion of Explanation 3C to Section 43B of Income Tax Act, 1961. FULL TEXT OF THE SUPREME COURT […]

SC denies bail in Circular Trading / Fraudulent GST ITC Claim case

May 27, 2019 9033 Views 0 comment Print

Supreme Court has upheld Telangana High Court judgment in the case of P.V. Ramana Reddy Vs Union of India & Ors. that held that a person can be arrested by the competent authority in cases of Goods and Service Tax (GST) evasion.

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