Supreme Court of India

Employer not required to check proof when deducting TDS u/s 192: SC

Commissioner Of Income Tax, Bangalore & Anr. Vs M/S I.T.I. Limited (Supreme Court of India)

Where the assessee-employer allowed the employees the benefit of deduction under section 10 (5) of the Act without collecting evidence to show that its employees had actually utilized the amounts paid towards Leave Travel Concessions/Conveyance Allowance and the question arose whether the employer could be said to have wrongly allowed the...

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Proof of travel not required for claiming LTA: SC

Commissioner Of Income Tax Vs M/S Larsen & Toubro Ltd (Supreme Court of India)

It may be noted that the beneficiary of exemption under Section 10(5) is an individual employee. There is no circular of Central Board of Direct Taxes (CBDT) requiring the employer under Section 192 to collect and examine the supporting evidence to the Declaration to be submitted by an employee(s). For the above reasons there is no merit ...

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Supreme Court dismissed USD two billion Vodafone capital gains tax case

Vodafone International Holdings B.V. Vs Union Of India & Anr. (Supreme Court of India)

THE Supreme Court today simply dismissed the much-hyped USD two billion Vodafone capital gains tax case at the admission stage itself. Before rejecting the SLP, the Bench asked the assesee - why did they not furnish the copy of their original agreement to the Court and also to the Revenue? In reply the assessee spoke about their delayed o...

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Commissioner of Customs & Central Excise Versus Hongo India(P) Ltd. & Anr. (Supreme Court)

Commissioner of Customs & Central Excise Vs M/S Hongo India(P) Ltd.& Anr (Supreme Court of India)

A short question which arises for determination in this Special Leave Petition is: whether the High Court was entitled to condone the delay of 16 days in filing the Reference Application by the Commissioner under Section 35H(1) of the Central Excise Act, 1944?...

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The effect of fluctuation of foreign exchange rate resulting in increase of cost of plant and machinery

Commissioner of Income Tax, Rajkot Vs M/s Gujarat Siddhi Cement Ltd. (Supreme Court of India)

Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court dismissing the appeal filed by the present appellant. The appeal was filed under Section 260A of the Income Tax Act, 1961 (in short the Act). The question relates to the effect of Section 43A of the Act. ...

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Conversion of jumbo rolls of photographic films into small rolls of various sizes is manufacture or not?

M/s India Cine Agencies Vs Commissioner of Income Tax (Supreme Court of India)

India Cine Agencies Vs CIT, Madras Income tax - Sec 32AB benefits - assessee converts jumbo rolls of photographic films into small rolls of various sizes - claims Sec 32AB, Sec 80HH and Sec 80I benefits - AO says it is neither manufacture nor production...

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SC directs state to refund excess Sales Tax Collected

Corporation Bank Vs Saraswati Abharansala And Another (Supreme Court of India)

Corporation Bank Vs Saraswati Abharansala And Another (Supreme Court of India) The first respondent is a dealer in bullion gold. It entered into transactions of purchase of gold from the appellant herein during the period 6th April 1999 and 10th December 1999. The total transactions during the said period were for a sum of Rs.423748518/-....

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Element of transaction of sale is pre-requisite for levy of sales tax

Haleema Zubair, Tropical Traders Vs. State of Kerala (Supreme Court of India)

Haleema Zubair, Tropical Traders Vs. State of Kerala (Supreme Court of India)- The business activities relating to transaction of M/s. Poseidon Food Company unless otherwise proved cannot bring the appellant within the purview of definition of `dealer'. If she was not a dealer, the professional fees earned by her would not be exigible to ...

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Revenue Cannot Be Inconsistent In Filing Appeals

Commissioner of Income Tax. Central, Kanpur Vs K. Charitable Trust, Kamal Tower, Kanpur (Supreme Court of India)

Whether the revenue can be precluded from filing an appeal even though in respect of some other years involving identical dispute no appeal is filed. merely because in some cases revenue has not preferred an appeal that does not operate as a bar for the revenue to prefer an appeal in another case where there is just cause for doing so or ...

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M.M.T.C. Limited Vs. Commissioner of Commercial Tax & Ors. (Supreme Court)

M/s. M.M.T.C. Limited Vs Commissioner of Commercial Tax & Ors (Supreme Court of India)

It was held that the order was passed in exercise of power of superintendence under Article 227 of the Constitution of India, 1950 against which the Letters Patent Appeal is not maintainable. The High Court was not justified in holding that the Letters Patent Appeal was not maintainable....

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August 2022