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Supreme Court of India

Compulsory pre-emptive purchase not necessary in collaboration agreement between owner & developer

December 18, 2015 1820 Views 0 comment Print

In case of Unitech Ltd. Vs. UOI Hon’ble SC has set aside the order passed by Bombay HC in a writ petition filed by asseessee against the order under section 269UD. Hon’ble SC have held compulsory pre-emptive purchase illegal.

Sodexo Vouchers are not liable for Octroi or LBT :SC

December 13, 2015 11640 Views 0 comment Print

In the case of Sodexo SVC India Private Limited. Vs The State of Maharashtra and Others, Bombay High Court has held that Sodexo meal vouchers are utility goods- Octroi & LBT can be levied on the same. Sodexo has preferred an appeal against the verdict in Supreme Court

Anti-dumping duty cannot be charged for gap period, the period between lapse of provisional duty & imposition of final duty: SC

December 12, 2015 2925 Views 0 comment Print

Supreme Court held In the case of Commissioner of Customs vs. M/S. G.M. Exports & Others that the final anti-dumping duty only incorporates the provisional anti-dumping duty within itself, but in the manner provided by Rule 13 of Anti-dumping rules.

Expression allowed to be sold cannot be interpreted as the compulsory condition that goods must be actually sold

December 10, 2015 757 Views 0 comment Print

The Hon’ble Supreme Court in the case of Nestle India Ltd. held that partial exemption available under exemption notifications does not require assessee to clear the goods by way of sale only because in the notification expression “allowed to be sold”

Levy of Interest on late payment of duty by providing it in subordinate regulations would be deemed as ultra vires if the same not provided by provisions of Act

December 10, 2015 2344 Views 0 comment Print

The Hon’ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills held that if the charging section of the Act do not provide for levy of interest on late payment of duty then the rules though made thereunder could not be enforced to levy and demand interest as such

Intimation u/s 143(1) is not an assessment, AO authorized to make reassessment u/s 147 subsequently: SC

December 8, 2015 9744 Views 0 comment Print

Supreme Court held In the case of ACIT vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. that Section 147 authorises and permits the Assessing Officer to assess or reassess income chargeable to tax if he has reason to believe that income for any assessment year has escaped assessment.

Bills discounted cannot be equated with loan & advances, interest received on default not taxable under Interest Tax Act, 1974: SC

December 7, 2015 4169 Views 0 comment Print

Supreme Court held In the case of State Bank of Patiala vs. CIT that it is well settled that a subject can be brought to tax only by a clear statutory provision in that behalf. Interest is chargeable to tax under the Interest Tax Act

Post-importation services could not be added to value of goods imported

December 5, 2015 1448 Views 0 comment Print

Same Engines India Pvt. Ltd. (the Respondent) had imported components of Tractors from Foreign party and filed Bill of Entry stating the price at which the goods were imported and seeking to pay the Customs duty thereon.

SC on Allowability of Interest expenses when Interest Free Loan been given to Sister Concern & Director

November 28, 2015 4027 Views 0 comment Print

Loan given to the Directors was not from the borrowed funds. Therefore, interest liability of the assessee towards the Bank on the borrowing which was taken by the assessee had no bearings because otherwise, the assessee had sufficient funds of its own which the assessee could have advanced

Section 143(1) intimation is not an assessment and no question of change of opinion

November 28, 2015 9895 Views 3 comments Print

DCIT vs. Zuari Estate Development & Investment Co Ltd (Supreme Court) After going through the detailed order passed by the High Court, we find that the main issue which is involved in this case is not at all addressed by the High Court.

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