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Supreme Court of India

Real income cannot be determined based on only income tax returns in matrimonial conflict

November 21, 2022 2772 Views 0 comment Print

Supreme Court of India held that income tax returns do not necessarily furnish an accurate guide of the real income particularly when parties are engaged in a matrimonial conflict. Hence, it is for the Family Court to determine what would be the real income based on a holistic assessment.

SC denies Section 80-IB deduction on manufacturing of polyurethane foam

November 18, 2022 1692 Views 0 comment Print

Polyflex (India) Pvt. Ltd. Vs CIT (Supreme Court) SC ruling denying 80IB claim to manufacturer of intermediary product for the end product falling under entry 25 of 11th schedule of Income Tax Act, 1961. Sub- Whether deduction u/s 80IB can be claimed by a manufacturer of an item which falls under entry 25 of the […]

Compensation to be determined at same rate at which landlord would have let out to any other tenant

November 16, 2022 4437 Views 0 comment Print

Supreme Court held that determination/ award of compensation for use and occupation of the premises should be at the same rate at which the landlord would have been able to let out the premises and earn the rent if the tenant would have vacated the premises.

SC ruling on Section 194H TDS on actual gross fare charged by travel agents

November 15, 2022 15750 Views 0 comment Print

Singapore Airlines Ltd. Vs CIT (Supreme Court) Whether an airline is responsible for deducting tax at source in respect of supplementary commission which an agent is paid on the difference between the actual fare and the net fare- Section 194H of Income-tax Act, 1961 analyses including whether liability to deduct when the tax can be […]

Exclusion of an industrial area from limits of municipal council would not cease it to be a ‘local area’: SC

November 14, 2022 3132 Views 0 comment Print

SC held that the exclusion of an industrial area or areas from the limits of municipal councils or municipalities under the state laws in exercise of statutory power or by virtue of a declaration under proviso to Article 243-Q, would not result in that area ceasing to be a local area within Entry 52 of List II.

No addition in the hands of non-Resident merely based on ‘base note’

November 14, 2022 1830 Views 0 comment Print

DCIT Vs Manish Vijay Mehta (ITAT Mumbai) Undisputedly, in this case, the assessee is a nonresident from A.Y. 2001­-02 and has been working as an employee in Belgium. He is having the income of interest on fixed deposits in India and is filing the return of income since A.Y. 2003-04 showing residential status as non-resident. […]

SC Ruling Upholding Valuation of Property in Court Monitored Public Auction

November 11, 2022 7623 Views 0 comment Print

hether Registrar while registering any immovable property ,the value of which has been determined in a court monitored public auction can apply the provisions of Section 47A of the Indian Stamp Act (West Bengal Amendment) Act, 1990 to allege undervaluation of the property and demand higher stamp duty?

Entertaining PIL on mere allegation not justifiable: SC

November 10, 2022 4134 Views 0 comment Print

Supreme court held that High Court cannot entertain Public Interest Litigations (PIL) which is based on mere allegations by the person who has not been able to fully satisfy his credentials.

Regulation 114(4) of Company Secretaries Regulations, 1982 permits only candidates to challenge election of office bearers

November 10, 2022 693 Views 0 comment Print

Supreme Court held that as per regulation 114(4) of the Company Secretaries Regulations, 1982 election can be challenged by the candidate concerned. Hence, writ petition filed by the petitioner not contesting the election of office bearers to the High Court was wrongly entertained.

SC ruling on setting aside exclusion clause in insurance contracts for avoiding liability

November 10, 2022 2988 Views 0 comment Print

Whether an exclusion clause destroying the very contract knowingly entered, can be permitted to be used by a party who introduced it, becomes a beneficiary and then to avoid its liability?

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