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Supreme Court of India

Even one bogus donation may establish that activities of trust are not genuine: SC

March 12, 2019 3372 Views 1 comment Print

CIT Vs Jagannath Gupta Family Trust (Supreme Court of India) In case of order passed by High Court on cancellation of Trust Registration in which high court held that one Bogus Donation cannot prove that activities of Trust are not genuine but high court has ignored the fact that Trust has pleaded that proceedings for […]

Teachers are Entitled to Gratuity: SC

March 7, 2019 12798 Views 0 comment Print

In the light of the amendment made in the definition of the word ’employee’ as defined in Section 2(e) of the Act by Amending Act No. 47 of 2009 with retrospective effect from 03.04.1997, the benefit of the Payment of Gratuity Act was also extended to the teachers from 03.04.1997.

SC upheld addition of Share Capital and Share premium

March 6, 2019 28263 Views 4 comments Print

Principal CIT Vs. NRA Iron & Steel Pvt. Ltd. (Supreme Court) Hon’ble SC held practice of conversion of unaccounted money through the cloak of share capital/premium must be subjected to careful scrutiny. This would be particularly so in the case of private placement of shares, where a higher onus is required to be placed on […]

Reopening of Completed Assessment based on change of opinion on same facts is invalid

March 4, 2019 3570 Views 0 comment Print

Reopening Of A Completed Assessment Not Allowed On A Issue Which Was Based On Nothing But A Change Of Opinion On The Same Facts And Circumstances Which Were Already In Knowledge Of Income Tax Officer Even During The Original Assessment Proceedings

SC explains legal effect of dismissal of a SLP by a speaking/ non-speaking order

March 1, 2019 30144 Views 0 comment Print

The doctrine of merger is not a doctrine of universal or unlimited application. It will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or capable of being laid shall be determinative of the applicability of merger. The superior jurisdiction should be capable of reversing, modifying or affirming the order put in issue before it.

Implication of Supreme Court Verdict on Provident Fund

February 28, 2019 29025 Views 2 comments Print

Supreme Court’s (SC) ruling on Provident Fund on Thursday (28 February, 2019) states that employers can’t segregate special allowances from basic salary. It has to be included for PF deductions under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, said a bench of Justices Arun Mishra and Naveen Sinha.

Job work of textile goods – Liability under Excise Rule 12B- SC Explains

February 28, 2019 2013 Views 0 comment Print

Dinesh Textiles Vs Commissioner of Central Excise, Customs and Service Tax (Supreme Court) Noting that Central Excise Rule 12B and the notification talked about ‘aggregate value’ of clearances of job worker, the Supreme Court has held that assessee manufacturing textiles through job workers would be liable once aggregate value crossed the threshold. The Apex Court […]

PF is applicable on Basic salary plus Special allowances except HRA: SC

February 28, 2019 216579 Views 11 comments Print

Regional Provident Fund Commissioner Vs. Vivekananda Vidyamandir and Others (Supreme Court) Basic wage, would not ipso­facto take within its ambit the salary breakup structure to hold it liable for provident fund deductions when it was paid as special incentive or production bonus given to more meritorious workmen who put in extra output which has a […]

Gypsum boards taxable at 4 % as per amended Entry 56 of Schedule IV to Rajasthan VAT

February 27, 2019 1878 Views 0 comment Print

Gypsum boards would be taxable at 4 percent as per amended Entry 56 of Schedule IV instead of residuary Entry 1 of Schedule V at 12.5% Under the Rajasthan Value Added Tax Act, 2003.

Liability to tax was on manufacturer for possession of chassis of vehicles U/s 6 of BMVT Act

February 23, 2019 1602 Views 0 comment Print

Liability of tax was on the manufacturer for the chasis of the motor vehicles manufactured by them during the period these chasis were in their “possession”, i.e., before they were delivered to the dealers and/or the purchasers of the said vehicles as per section 6 of Bihar Motor Vehicles Taxation Act, 1994.

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