Taxation Lawyer

No scope of intendment in taxing statutes by departmental circulars, for giving expansive meaning to words: SC

By team of Advocate Retainer April 28, 2020 - 14:00

No scope of intendment in taxing statutes by departmental circulars, for giving expansive meaning to words: SC

The SC on April 27, 2020 {COMMERCIAL TAXES OFFICER v. M/S. BOMBAY MACHINERY STORE} held that if the authorities felt any assessee or dealer was ta...

Posted in Central Sales Tax Act, Delivery inter-State Sale, Intendment in taxing statutes by Circulars

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YUM! restaurants is not liable for Income tax exemption, absence of mutuality & non-adherence to terms of SIA approval: SC

By team of Advocate Retainer April 26, 2020 - 22:00

YUM! restaurants is not liable for Income tax exemption, absence of mutuality & non-adherence to terms of SIA approval: SC

The SC on April 24, 2020 {Yum! Restaurants (Marketing) Private Limited v Commissioner of Income Tax, Delhi} held that there are three condition...

Posted in economisation of cost, Mutuality, SIA

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Sec. 43B(f) of Income Tax is constitutionally valid: legal basis of the judgment i.e. enactment, can be changed by legislature: SC

By team of Advocate Retainer April 25, 2020 - 23:00

Sec. 43B(f) of Income Tax is constitutionally valid: legal basis of the judgment i.e. enactment, can be changed by legislature: SC

The SC on April 24, 2020 {Union of India & Ors. v Exide Industries Limited & Anr.} held that when there is no ambiguity about the legislat...

Posted in Constitutional Validity, Interpretation of Fiscal Statutes, Sec 43B(f) Income Tax

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Indian liaison office of 'U.A.E Exchange Centre' is not susceptible to pay Income Tax for NRI Remittances from UAE to India, Art. 5(3)(e) DTAA: SC

By team of Advocate Retainer April 24, 2020 - 23:30

Indian liaison office of 'U.A.E Exchange Centre' is not susceptible to pay Income Tax for NRI Remittances from UAE to India, Art. 5(3)(e) DTAA: SC

The SC on April 24, 2020 {Union of India & Anr. v U.A.E. Exchange Centre} held that the respondent was not carrying on any business activity in...

Posted in Art. 5(3)(e) DTAA, DTAA, Income Tax, NRI Remittance, UAE

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SC sets aside concurrent findings of assessment made under Sec 143(3) Income Tax - on proving of innocence by assessee in separate, subsequent penalty proceedings under Sec 271 by leading cogent evidence

By team of Advocate Retainer April 24, 2020 - 14:00

SC sets aside concurrent findings of assessment made under Sec 143(3) Income Tax - on proving of innocence by assessee in separate, subsequent penalty proceedings under Sec 271 by leading cogent evidence

The SC on April 24, 2020 {Basir Ahmed Sisodiya v The Income Tax Officer} held that it has now come on record that the appellant/asses...

Posted in Sec 143 Income Tax Act, Sec 271 Income Tax Act

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Govt can withdraw anytime, before time "incentive / exemption" on establishing new Industries - in larger public good: SC

By team of Advocate Retainer April 23, 2020 - 18:00

Govt can withdraw anytime, before time "incentive / exemption" on establishing new Industries - in larger public good: SC

The SC on April 22, 2020 {Union of India & Another v. M/s V.V.F Limited & Another} held that the notifications/industrial policies which w...

Posted in Promissory Estoppel, Public Interest, Retrospective application, Withdrawal of exemption

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Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease, are liable to tax only at 4%/5%; SC.

By team of Advocate Retainer April 14, 2020 - 11:00

Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease, are liable to tax only at 4%/5%; SC.

Supreme Court of India Justice D Y Chandrachud & Justice Ajay Rastogi The SC on April 13, 2020 {The State of Andhra Pradesh v. M/s Linde India...

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A property of Central Government is not liable to property tax in view of Art 285 unless it is charged to tax prior to commencement of the constitution; SC.

By team of Advocate Retainer April 10, 2020 - 10:00

A property of Central Government is not liable to property tax in view of Art 285 unless it is charged to tax prior to commencement of the constitution; SC.

Supreme Court of India Justice ASHOK BHUSHAN & Justice M.R. SHAH The SC on March 19, 2020 {FOOD CORPORATION OF INDIA v. BRIHANMUMBAI MAHANAGAR ...

Posted in Art 285, Government property, Property Tax

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To apply limitation of 16 years for reopening assessment, then in the notice or at least in the reasons in support of the notice, the assessee should be put to notice that the revenue invokes second proviso of Sec 147; SC.

By team of Advocate Retainer April 03, 2020 - 23:55

To apply limitation of 16 years for reopening assessment, then in the notice or at least in the reasons in support of the notice, the assessee should be put to notice that the revenue invokes second proviso of Sec 147; SC.

Supreme Court of India Justice Deepak Gupta & Justice L. Nageswara Rao The SC on April 3, 2020 {NEW DELHI TELEVISION LTD. v. DEPUTY COMMISSIONE...

Posted in Income Tax, re-open assessment, Sec 147 second proviso, Supreme Court

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The Income Tax cannot impose additional tax under Sec 143 (1-A) - unless there is a finding that the assessee has attempted to evade tax; SC.

By team of Advocate Retainer March 29, 2020 - 19:30

The Income Tax cannot impose additional tax under Sec 143 (1-A) - unless there is a finding that the assessee has attempted to evade tax; SC.

Supreme Court of India Justice Ashok Bhushan & Justice Mohan M.Shantanagoudar The SC {RAJASTHAN STATE ELECTRICITY BOARD JAIPUR v. THE DY. COMMI...

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The SC remands back the matter - demand of over Rs. 2000 Crores for fresh consideration by the Income Tax authorities - in view of concession by counsels to do so and peculiar facts and circumstances.

By team of Advocate Retainer March 25, 2020 - 18:30

The SC remands back the matter - demand of over Rs. 2000 Crores for fresh consideration by the Income Tax authorities - in view of concession by counsels to do so and peculiar facts and circumstances.

Supreme Court of India Justice U U Lalit, Justice Indu Malhotra & Justice Hemant Gupta The SC {COGNIZANT TECHNOLOGY SOLUTIONS INDIA PVT. LIMITE...

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In case of documents found qua other assessee at the time of search by Income Tax, the Assessing Officer must be satisfied and it should be specifically mentioned that the documents so seized belonged to the assessee – the other person u/s 153C; SC.

By team of Advocate Retainer March 18, 2020 - 20:00

In case of documents found qua other assessee at the time of search by Income Tax, the Assessing Officer must be satisfied and it should be specifically mentioned that the documents so seized belonged to the assessee – the other person u/s 153C; SC.

Supreme Court of India Justice M R Shah & Justice Ashok Bhushan The SC {M/S SUPER MALLS PRIVATE LIMITED v. PRINCIPAL COMMISSIONER OF INCOME TAX...

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