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Supreme Court of India

Where renting out properties is main business, then income is rightly taxed as Business Income- SC

June 25, 2015 12640 Views 0 comment Print

Appellant assessee Company, incorporated with main objective as stated in MOA is to acquire the properties in the city of Chennai (Earlier named as Madras) and to let out those properties. The company had returned it income, as income from Business

‘Success fee’ payable by Indian company to foreign company for financial advisory services attract TDS

June 22, 2015 7069 Views 2 comments Print

On behalf of the revenue a counter affidavit was filed contending, inter alia, that the NRC was very actively associated not only in arranging loan but also in providing various services which fall within the ambit of both managerial as well as consultancy services ,thus, It was urged that it squarely falls within the ambit of Section 9(1)(vii)(b) of the Act.

Sterilization of syringes and needles not amounts to manufacture

June 22, 2015 2890 Views 0 comment Print

The process of sterilization does not mean that such articles are not complete in themselves . Surgical instruments continue to be the same even after sterilization and if the contention of department is accepted, every time such instruments are sterilized, the same surgical instruments are manufactured again & again when the same is sterilized again & again. This would lead to absurd results and fly in the face of common sense.

Vend fee paid by assessee to Government, even if of the nature of ‘privilege fee’ falls within the expression ‘fee by whatever name called’

June 18, 2015 5159 Views 0 comment Print

The Assessee contented that the so-called vend fee in the present case is nothing but a consensual arrangement by which ultimately machinery and equipment used by sugar mills which were very old and which require urgent repair / replacement could be so repaired or replaced.

Sec. 37 Commission paid to agents for procurement of order for supply of liquor not allowable

June 16, 2015 3199 Views 0 comment Print

Whether assessee is entitled to the benefit of disallowance of commission purportedly paid by assessee to its commission agents for procurement of order for supply of liquor. Whether High Court can exercise jurisdiction in absence of any question of perversity of the finding of the tribunal.

SC on Principles for Formation of opinion for issuing warrant of authorization U/s. 132

May 17, 2015 5294 Views 0 comment Print

The issues that arise in the present appeal lie within a short circumference. As the warrant of authorization under Section 132, which is required to be founded on a reasonable belief of the authorized official regarding the existence of the conditions precedent to the exercise of the power to issue the same

SC upholds constitutional validity of NCLT

May 15, 2015 6656 Views 0 comment Print

MADRAS BAR ASSOCIATION Vs. UNION OF INDIA & ANR. (Supreme Court) The petitioner felt aggrieved by that part of the judgment vide which establishments of NCLT and NCLAT was held to be Constitutional.

Pooran Mal vs. Director of Inspection (Investigation), Income Tax (1974) 93 ITR 505 (SC)

May 13, 2015 11494 Views 0 comment Print

In the course of his duties, the Director of inspection has ample opportunities to follow the course of investigation and assessment carried on by the income Tax Officers and to check the information received from his sources with the actual material produced or not produced before the assessing authorities.

NI Act: No mandatory requirement of notice to directors of Company

May 6, 2015 19992 Views 0 comment Print

According to Section 138, where any cheque drawn by a person on an account maintained by him is returned by the Bank unpaid for reasons mentioned u/s-138, such person shall be deemed to have committed an offence.

SC on Taxability of income from letting of properties (House Property or Business Income)

May 6, 2015 8411 Views 0 comment Print

The appellant-assessee is a company incorporated under the Indian Companies Act. Its main objective, as stated in the Memorandum of Association, is to acquire the properties in the city of Madras (now Chennai) and to let out those properties.

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