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Supreme Court of India

Amendment to s. 40(a)(ia) by Finance Act, 2010 are retrospective and curative in nature

May 6, 2018 4164 Views 0 comment Print

CIT Vs M/s Calcutta Export Company (Supreme Court of India) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to […]

Adverse material collected or found during survey can be utilised in Block Assessment

May 6, 2018 2061 Views 0 comment Print

CIT Vs S. Ajit Kumar (Supreme Court of India) The power of survey has been provided under Section 133A of the IT Act. Therefore, any material or evidence found/collected in a Survey which has been simultaneously made at the premises of a connected person can be utilized while making the Block Assessment in respect of […]

Definition of total turnover given U/s. 80HHC / 80HHE cannot be adopted for Section 10A

May 4, 2018 2193 Views 0 comment Print

The definition of total turnover given under Sections 80HHC and 80HHE cannot be adopted for the purpose of Section 10A: HCL Technologies case

Lease equalisation charges allowable expense; ICAI Guidance Note carries great weight: SC

May 2, 2018 26241 Views 0 comment Print

Supreme Court Ruling – The Guidance Note issued by Institute of Chartered Accountants of India on lease rental income which helps to compute lease equalisation charges, held to be allowable as a deduction. There is no express bar in the Income-tax Act, 1961 regarding the application of such accounting standards.

SC gives relief to Insolvency Professional against remarks made by Tribunal

April 30, 2018 3654 Views 0 comment Print

In the matter of VNR Infra Limited wherein the Hyderabad Bench of National Company Law Tribunal (NCLT Hyderabad / Adjudicating Authority) went beyond the law for no reason to disagree with Committee of Creditors i.e. bankers and appointed another Insolvency Professional as liquidator and made some averse professional remarks against the RP by making own observations without […]

SC Rejects plea of Firm Linked to Robert Vadra in Tax Evasion Case

April 29, 2018 1248 Views 0 comment Print

Supreme Court dismissed SLP filed by the Sky Light Hospitality LLP firm linked to Mr. Robert Vadra, challenging notice issued by the Income Tax Department for reassessment of its profits from the land deals in Haryana and Rajasthan in 2010-2011.

SC ask IBC and SEBI to join Process in ‘Ponzi scheme’ matter

April 29, 2018 7269 Views 6 comments Print

Explore the Supreme Court’s ruling on the alleged Ponzi scheme involving Citrus Check inn Limited and Royal Twinkle Star Club Limited. Learn about the intricate proceedings, challenges, and the Court’s perspective on the Insolvency and Bankruptcy Code (IBC) application, guiding the process.

SC on Taxability of interest on share application money deposited in bank

April 28, 2018 4749 Views 0 comment Print

The present appeal has been preferred against the impugned final judgment and order dated 18.12.2012 passed by the High Court of Gujarat in Tax Appeal No. 235 of 2012 whereby the Division Bench of the High Court dismissed the appeal filed by the Revenue­the appellant herein against the judgment and order dated 21.10.2011 passed by the Income Tax Appellate Tribunal (in short The Tribunal) in ITA No. 1039/Ahd./2007 and ITA No. 240/Ahd./2008.

Naive to say that screen-based trades are anonymous and not synchronised: SC

April 11, 2018 2298 Views 0 comment Print

The Supreme Court has set aside an order of the Securities Appellate Tribunal (SAT) which held that only if there is market impact on account of sham transactions, could there be violation of the Prohibition of Fraudulent and Unfair Trade Practices Regulations.

SC issues interim directions issued regarding method for selection of ITAT Members

April 11, 2018 1656 Views 0 comment Print

Appointment of Tribunal Members under new rules: interim directions issued regarding the method for selection of Tribunal Members and their terms and period of appointment

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