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Supreme Court of India

Method favourable to taxpayer should be adopted cannot be contended If statute is unambiguous

November 8, 2017 2205 Views 0 comment Print

ZIf two reasonable constructions of taxing statute are possible, that construction which favors the assessee must be adopted. The above proposition cannot be read to mean that under two methods of valuation if the value which is favorable to assessee should be adopted.

Section 2(22)(e) does not extend to, or broaden concept of, a shareholder

November 8, 2017 4098 Views 0 comment Print

CIT Vs. Madhur Housing And Development Co (Supreme Court) The impugned judgment and order dated 11.05.2011 has relied upon a judgment of the same date by a Division Bench of the High Court of Delhi in ITA No. 462 of 2009 in the case of CIT Vs. Ankitech Pvt Ltd . Having perused the judgment […]

DRT cannot condone delay in Filing Appeal before it: SC

November 6, 2017 5511 Views 0 comment Print

The application of Section 5 of the Limitation Act by resort to Section 29(2) of the Limitation Act, 1963 therefore does not arise. The prescribed period of 30 days under Section 30(1) of the RDB Act for preferring an appeal against the order of the Recovery officer therefore cannot be condoned by application of Section 5 of the Limitation Act.

Excise Duty on Perfumery Compounds leviable as as it is Marketable: SC

November 6, 2017 1089 Views 0 comment Print

In this process of manufacturing the perfumery compounds are capable of being sold in the open market. The odoriferous compound has got a shelf life and capable of being stored/transported/sold and bought by agarbathi industries.

Depreciation has to be taken into account for computing profits eligible for deduction U/s. 80-IA

October 19, 2017 3858 Views 0 comment Print

The assessees/appellants want 100% deduction, without taking into consideration depreciation which they want to utilise in the subsequent years. This would be anathema to the scheme under Section 80-IA of the Act which is linked to profits and if the contention of the assessees is accepted, it would allow them to inflate the profits linked incentives provided under Section 80-IA of the Act which cannot be permitted.

Designation of Senior Advocates by SC & all HCs– Recent SC guidelines

October 14, 2017 3492 Views 0 comment Print

We are referring to Writ Petition 454 of 2015 of Indira Jaising. Vs others which resulted in the famous judgement of Supreme Court on the system of designation of senior advocates in Supreme Court and in other High Courts. One can easily read the judgement as under:

Lessee to pay GST on Sale Value of Mineral purchased in E-Auction: SC

October 11, 2017 2145 Views 0 comment Print

G.S.T. payable on the sale value of the mineral purchased in the e-auction shall be paid by the buyer directly to the lessee and the lessee would be responsible for all compliances as may be required under Act. We further direct that the Monitoring Committee to prepare appropriate proforma and also take steps for carrying proper Tax Identification Number of the respective lessees on the invoices as may be required

No Transfer U/s 2(47) if JDA is not registered: SC

October 10, 2017 5721 Views 0 comment Print

There is no contract in the eye of law in force under Section 53A after 2001 unless the said contract is registered. This being the case, and it being clear that the said JDA was never registered, since the JDA has no efficacy in the eye of law, obviously no transfer can be said to have taken place under the aforesaid document.

Permanent Establishment: A Recent Decision of Hon’ble Supreme Court

October 8, 2017 5196 Views 0 comment Print

In brief, the learned Judges of the Supreme Court held that FOWC carried on business in India for the duration of the race (and for two weeks before the race and a week thereafter). A PE must have three characteristics: stability, productivity and dependence.

SC issues Notices to Centre, EC on PIL Challenging amendment to Political Funding Laws

October 5, 2017 1203 Views 0 comment Print

The Petitioners are filing the instant Public Interest Litigation under Article 32 of the Constitution of India on the issue of corruption and subversion of democracy through illicit & foreign funding of political parties and opaqueness in the accounts of all political parties.

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