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Supreme Court of India

SC ruling on determining management and control for residency of a company

April 11, 2023 4647 Views 0 comment Print

Mansarovar Commercial Pvt. Ltd. Vs CIT (Supreme Court of India) Sub- What is the meaning of management and control for the purpose of determining residency of a company? Whether simply registered office of a company can be the criterion ? The Supreme Court in this case was considering interesting question as to taxability of alleged […]

No Section 271C Penalty on mere belated TDS remittance after deduction: SC

April 11, 2023 22377 Views 1 comment Print

SC held that no penalty shall be leviable under Section 271C of Income Tax Act for mere belated remittance of TDS after deducting

Refund set aside in proceedings u/s 35E sufficient, separate notice u/s 11A not required

April 10, 2023 1152 Views 0 comment Print

Supreme Court held that separate notice u/s. 11A of the Central Excise Act not required when the order-in-original sanctioning the refund came set aside in a proceedings u/s 35E of the Central Excise Act.

Pre-bail granted in the event of arrest under the Prevention of Corruption Act, 1988

April 9, 2023 4821 Views 0 comment Print

Supreme Court directed release of appellant on bail in the event of Court chooses to remand them to custody under Prevention of Corruption Act, 1988.

Forfeiture of property justifiable as major part of investment remained unexplained

April 8, 2023 1380 Views 0 comment Print

Supreme Court held that forfeiture of property in exercise of power under section 7 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 justifiable in absence of proper explanation as to the source of acquisition and as majority of investment remains unexplained.

Amendment to section 153C also applies to Section 132 searches conducted before 01.06.2015: SC

April 8, 2023 2160 Views 0 comment Print

SC held that amendment to Section 153C vide Finance Act, 2015 shall be applicable to searches conducted under Section 132 before 01.06.2015

SC order on jurisdiction of Commissioner under section 263 proceedings

April 7, 2023 5469 Views 1 comment Print

Whether payment to shareholders out of sale proceeds of a property belonging to the company, to end dispute amongst the shareholder can be cost of improvement for computation of capital gains?

SC affirms principles governing CIT’s revisionary powers; Quashes Bombay HC ruling as erroneous

April 7, 2023 2811 Views 0 comment Print

CIT Vs Paville Projects Pvt. Ltd.  (Supreme Court of India) Supreme Court  allows Revenue’s appeal quashing the  Bombay High court order that had set aside CIT’s revisionary order passed under section 263 of Income Tax Act, 1961. CIT  in exercise of the powers u/s 263 and in exercise of the revisional jurisdiction, set aside the […]

Penalty under Competition act should be on relevant turnover instead of Total Turnover: SC

April 6, 2023 6717 Views 0 comment Print

SC in Excel Crop Care ruled that relevant turnover of company, rather than Total turnover, should be used to determine punishment to be imposed on firms using anti-competitive techniques.

No service tax on corporate guarantee to group company without consideration: SC

April 6, 2023 4911 Views 0 comment Print

Issuance of corporate guarantee to a group company without consideration would not fall within banking and other financial services and is therefore not taxable service.

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