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Category Archives: Supreme Court

Supreme Court

2015-ITS-144-SC-Queen’s Educational Society -Vs- Commissioner of Income-tax , On. MARCH  16, 2015 

Supreme Court sets aside High Court judgment denying exemption u/s 10(23C) by quoting non-existing passage from Supreme Court judgment Continue reading

2015-ITS-94-SC-GVK Industries Ltd -Vs- Income-tax Officer , On. FEBRUARY  18, 2015

 Where assessee-company, intending to set up a power project, took services of non-resident company who prepared scheme for raising required finance as well as tie up for required loan from Indian and international financial institutions, and loans were availed by assessee, said services would come within ambit and sweep of term ‘consultancy service’ Continue reading

2014-ITS-1547-SC-Commissioner of Income-tax (Central)-I, New Delhi -Vs- Vatika Township (P.) Ltd. , On. SEPTEMBER  15, 2014 

SC discusses the evils of retrospective law while upholding the principle “that unless a contrary intention appears, a law is presumed to be prospective” but stops short of holding substantive retrospective amendments hurting tax payers as unconstitutional Continue reading

2014-ITS-1599-SC-Hindustan Coca Cola Beverage Pvt. Ltd. -Versus- Union of India , decided on 4-9-2014

Asstt. Commissioner passed an order to recover refunds sanctioned to the appellant. Instead of filing appeal against the said order, appellant filed writ petition in High Court on the ground that before issuing said order they were not given opportunity to defend their case. High Court  has no jurisdiction in such matters as the assessee was to file appeal before Commissioner (Appeals) who could have decided the matter on facts and law relating the case. Assessee to deposit amount and file appeal before first appellate authority. In order to follow principles of natural justice for recovery of Govt. dues, department has to issue notice. The grounds not presented before High Court cannot be presented before Supreme Court. Appeals partly allowed. Continue reading

2014-ITS-1217-SC-Sanjeev Lal -Vs- Commissioner of Income-tax, Chandigarh , On. JULY  1, 2014 

Where assessee having executed an agreement to sell in respect of a house property, purchased a new residential property within one year from date of agreement to sell, in view of fact that subsequently sale deed could not be executed within prescribed time for reason that assessee had been prevented from dealing with said residential house by an order of a competent court, a valid ‘transfer’ took place within meaning of section 2(47) by executing agreement to sell and, consequently, relief under section 54 was to be granted to assessee in respect of purchase of new residential property Continue reading

2014-ITS-1248-SC-Union of India -Versus – Mahindra & Mahindra Ltd. , decided on 9-5-2014

The respondent sold duty paid stock at higher price from its sales depots. Relevant factors not considered while deciding appeal. The case remitted to competent authority for passing appropriate order as per law after allowing the assessee to bring to its notice normal price in course of whole sale trade, place of removal of goods, transportation charges etc. Impugned order set aside. Appeal allowed. Continue reading

2014-ITS-1247-SC-KONE ELEVATOR INDIA PVT. LTD. -Versus – State of Tamil Nadu and Anr. , decided on 6-5-2014

Whether a contract is of the first or the second class must depend upon the circumstances: if it is of the first; it is a composite contract for work and sale of goods: where it is of the second category, it is a contract for execution of work not involving sale of goods. whether a contract is a ‘Works Contract’. It has to be necessarily examined based on the terms agreed between the parties as to what is the intention of the parties. Since it is found that the present contract is a contract for sale, it cannot be held to be a ‘Works Contract’. Show cause notices, which have been issued by taking recourse to reopening of assessment, shall stand quashed. The assessment orders which have been framed and are under assail before the Court are set aside. Where the assessments have been framed and have attained finality and are not pending in appeal, they shall be treated to have been closed, and where the assessments are challenged in appeal or revision, the same shall be decided in accordance with the decision of court. Petitions and Civil Appeals disposed off.   Continue reading

2014-ITS-1157-SC-Commissioner of Income-tax- VII, New Delhi -Vs- Punjab Stainless Steel Industries* , On. MAY  5, 2014 

For purpose of computation of deduction under section 80HHC of manufacturer and exporter of stainless steel utensils, proceeds generated from sale of scrap would not be included in ‘total turnover’ Continue reading

2014-ITS-1037-SC-Rajasthan R.S.S. & Ginning Mills Fed. Ltd. -Vs- Deputy Commissioner of Income-tax, Jaipur* , On. APRIL  29, 2014 

Pursuant to scheme of amalgamation, an amalgamating co-operative society cannot carry forward and set off its accumulated losses against profits of amalgamated co-operative society Continue reading

2014-ITS-790-SC-Rajasthan R.S.S. & Ginning Mills FED. Ltd. -Vs- Deputy Commissioner of Income-tax, Jaipur , On. APRIL  29, 2014 

There is no provision in the Income-tax Act, which would permit the amalgamating co-operative society to carry forward and adjust such losses against the profits of the amalgamated co-operative society – Benefits conferred to one class of legal entities does not mean that the legal entities not referred to in the Act would also get the same benefit Continue reading

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