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Supreme Court of India

No 100% deduction on ‘substantial expansion’ for remaining 5 A.Ys U/s. 80IC in HP

September 25, 2018 1167 Views 0 comment Print

CIT Vs Classic Binding Industries (Supreme Court)  In the instant case, we are concerned with the assessees who had established their undertakings in the State of Himachal Pradesh. Sub-section (3), as noted above, mentions the period of 10 years commencing with the initial Assessment Year. Sub-section (6) puts a cap of 10 years, which is […]

SC orders release of goods when Appellant has paid all taxes except disputed dues

September 23, 2018 2022 Views 0 comment Print

M/s. Gati Kintetsu Express Pvt. Ltd. Vs Commissioner Commercial Tax of Madhya Pradesh & Ors. (Supreme Court of India) Having regard to the facts of the case, more particularly when the petitioner has already paid the tax and insofar as other dues are concerned, which are being demanded, a dispute is raised in this special leave petition in […]

AO & CIT can grant stay on payment of amounts lesser than 15%/ 20%

September 20, 2018 6714 Views 0 comment Print

Hon’ble Supreme Court held that CBDT’s Office Memorandum (‘OM’) dated 29th February, 2016 & 31.07.2017 by which AO’s have been directed to grant stay of disputed demand on payment of 20%/ 15% does not fetter the power of the AO & CIT to grant stay on payment of amounts lesser than 15%/ 20%.

Tenants can be evicted for not Paying Municipal Taxes under West Bengal Tenancy Act

September 14, 2018 9513 Views 1 comment Print

M/s popat & Kotecha property & ORS. Vs Ashim Kumar Dey (Supreme Court of India) Issue- Whether after the amendment of the West Bengal premises Tenancy Act by  Amendment Act No. 14 of 2001 with effect from 10th July, 2001 [which had incorporated sub-section (8) to Section 5] whether a tenant who defaults in payment of his/her share of municipal […]

SC clarifies Retirement Age of ITAT President and Members

September 6, 2018 2571 Views 0 comment Print

We make it clear that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years.

CIT cannot cancel registration certificate granted U/s. 12A till 01.10.2004

September 5, 2018 702 Views 0 comment Print

Industrial Infrastructure Development Corporation (Gwalior) M.P. Ltd. Vs CIT (Supreme Court of India) The CIT had no express power of cancellation of the registration certificate once granted by him to the assessee under section 12A till 1-10-2004. It is for the reasons that, first, there was no express provision in the Act vesting the CIT […]

TDS U/s. 194I deductible on lease rent Paid to Noida Authority

September 1, 2018 12756 Views 0 comment Print

The High Court has read the relevant clauses of the lease deed and has rightly come to the conclusion that payment which is to be made as annual rent is rent within the meaning of Section 194­I, we do not find any infirmity in the aforesaid conclusion of the High Court. The High Court has rightly held that TDS shall be deducted on the payment of the lease rent to the Greater Noida as per Section 194­I.

TDS not deductible on Interest Paid to NOIDA Authority: SC

September 1, 2018 6996 Views 0 comment Print

Hon’ble SC held that Though NOIDA is not a local authority, it is a corporation established by Act and so payments to it are not liable to TDS U/s.194A of Income Tax Act, 1961.

SC imposes 10 Lakh Penalty on Income Tax Department for giving misleading statement

August 29, 2018 2733 Views 1 comment Print

CIT, Ghaziabad Vs. Hapur Pilkhuwa Development Authority (Supreme Court) The Supreme Court on Monday imposed a fine of Rs. 10 Lakh on the Income Tax Department for its casual approach and for giving a totally misleading statement in the case.  This petition for special to leave has been filed by the Commissioner of Income Tax, Ghaziabad. First […]

Salary Certificate is Not the Only Basis to calculate Motor Accident Compensation

August 26, 2018 5556 Views 0 comment Print

United india insurance co. Ltd. Vs Indiro devi & ors. (Supreme Court of India) There is no doubt that if the salary certificate is taken into account the salary of the deceased should be taken as Rs. 1,06,176/- since the gross salary was Rs.8848 per month. That, however, in our view does not mean that the income […]

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