The Supreme Court held that constitutional courts can grant bail in UAPA cases where prolonged incarceration and delayed trial violate Article 21. The Court clarified that statutory restrictions under Section 43D(5) cannot justify indefinite pre-trial detention.
The Supreme Court dismissed the Revenue’s challenge to the Bombay High Court ruling that quashed a Section 132 search action for failure to satisfy jurisdictional conditions. The question of law was kept open.
The Supreme Court has framed substantial questions on whether DDT under Section 115-O is a tax on shareholder dividend income or on company profits. The ruling may determine applicability of DTAA treaty rates on dividend distributions to foreign shareholders.
Supreme Court dismissed the challenge against reopening of assessment where the Gujarat High Court had upheld reassessment proceedings based on Investigation Wing material alleging accommodation entries. The case reaffirmed that prima facie material is sufficient at the reopening stage.
Supreme Court upheld restoration of original Committee of Creditors and ruled that IRP could not independently reclassify financial creditors after constitution of CoC under IBC framework.
The Supreme Court dismissed the Revenue’s challenge to depreciation claims on leased assets after the Bombay High Court held that leasing constituted business use under Section 32. The ruling reaffirmed that physical use by the assessee is not necessary where assets are used in the leasing business.
The Supreme Court issued notice in a case concerning whether reimbursement paid to a municipal corporation for road restoration after electricity line work attracts GST under reverse charge mechanism.
SC dismissed Revenue’s challenge against Calcutta HC ruling that reassessment proceedings based only on suspicion and investigation reports were invalid under Section 147.
The Supreme Court upheld deletion of addition made on estimated production yield after finding no evidence of unaccounted sales. The ruling reiterates that suspicion and assumptions cannot replace material evidence in income tax assessments.
The Supreme Court upheld the High Court ruling that approval stating fit case for reopening satisfied Section 151 requirements. The reassessment proceedings linked to alleged accommodation entries were restored.
