Category Archives: Supreme Court Judgement

Proposal of Finance Bill will not give relief if not mentioned in Finance Act

By | September 10, 2016

The fact that the Finance Minster announced a concession in Parliament does not entitle the assessee to relief if the same is not set out in the Finance Act IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.4676-4677 OF 2013 AMIN MERCHANT …. APPELLANT VERSUS CHAIRMAN, CENTRAL BOARD OF EXCISE & REVENUE… Read More »

Dy. Director of Income Tax has no power to lodge complaint for prosecution against taxpayer

By | September 4, 2016

SUPREME COURT OF INDIA Babita Lila v. Union of India PINAKI CHANDRA GHOSE AND AMITAVA ROY, JJ. CRIMINAL APPEAL NO. 824 OF 2016 AUGUST  31, 2016 JUDGMENT Amitava Roy, J. – Leave granted 2. Being aggrieved by the rejection of their challenge to the initiation of their prosecution under Sections 109/191/193/196/200/420/120B/34 IPC on the basis… Read More »

Rules restricting appearance of outside lawyer in court without local lawyer are valid: SC

By | August 31, 2016

SUPREME COURT OF INDIA Jamshed Ansari v. High Court of Allahabad A.K. SIKRI AND N.V. RAMANA, JJ. CIVIL APPEAL NO. 6120 OF 2016 AUGUST  26, 2016 JUDGMENT A.K. Sikri, J. – The appellant has challenged the judgment dated 28.04.2015 passed by the High Court of Judicature at Allahabad whereby writ petition filed by the appellant… Read More »

Rent receipts are business income if renting is business of Assessee : Supreme Court

By | August 12, 2016

SUPREME COURT OF INDIA Rayala Corporation (P.) Ltd. v. Assistant Commissioner of Income-tax ANIL R. DAVE AND L. NAGESWARA RAO, JJ. CIVIL APPEAL NOS. 6437 TO 6441 OF 2016 AUGUST  11, 2016 JUDGMENT Anil R. Dave, J. – Being aggrieved by the judgment delivered by the High Court of Madras on 4th October, 2013 in… Read More »

Upfront payment of interest allowable in the year of payment , No Spreading required over the years : SC

By | July 6, 2016

[2015] 372 ITR 605 (SC) SUPREME COURT OF INDIA Taparia Tools Ltd. v. Joint Commissioner of Income-tax, Nasik A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ. CIVIL APPEAL NOS. 6366 – 6368 OF 2003 AND 6946 – 6948 OF 2004 MARCH  23, 2015 K. Radhakrishnan, Sr. Adv., Sanjay M. Shah, Rustom B. Hathikhanawala, Ms. Niranjana Singh,… Read More »

Stamp duty expenses etc. incurred for obtaining loan is revenue expenditure

By | July 6, 2016

[1966] 60 ITR 52 (SC) SUPREME COURT OF INDIA India Cements Ltd. v. Commissioner of Income-tax K. SUBBA RAO, J.C. SHAH AND S.M. SIKRI, JJ. CIVIL APPEAL NO. 1106 OF 1964 DECEMBER  8, 1965 A.V. Viswanatha Sastri, R. Venkataraman and R. Gopalakrishnan for the Appellant. S.T. Desai, Gopal Singh, B.R.G.K. Achar and R.N. Sachthey for… Read More »

Writ petition can be filed in case of question of Law involved even if alternative remedy of filing an appeal was available

By | June 30, 2016

Held The questions that have been raised by the appellant being absolutely pure questions of law, the High Court should have decided these matters. SUPREME COURT OF INDIA Aircel Ltd. v. Commercial Tax Officer DIPAK MISRA AND SHIVA KIRTI SINGH, JJ. WRIT PETITION (CIVIL) NOS. 1055 & 1057 OF 2013 & OTHERS APRIL  22, 2016… Read More »

Foreign Currency received without RBI approval to be confiscated : Supreme Court

By | June 21, 2016

SUPREME COURT OF INDIA Jatin C. Jhaveri v. Union of India T.S. THAKUR, CJI. AND UDAY UMESH LALIT, J. CIVIL APPEAL NOS. 11127 TO 11131 OF 2011 MAY  13, 2016 Ramesh P. Bhatt, K. Radha Krishnan, Sr. Advs., Bhargava V. Desai, B. Krishna Prasad, S. Ratin Rai, S.W.A. Quadriand B.K. Prasad, Advs. for the Appearing… Read More »

No cancellation without proving misuse of eligibility certificate :SC

By | May 8, 2016

SUPREME COURT OF INDIA Commissioner of Trade Tax, U.P. v. Chetna Chemicals (P.) Ltd. A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ. CIVIL APPEAL NO. 5103 OF 2007 APRIL  1, 2016 D.K. Goswami, Adv., Ravi Prakash, Adv. and Ashutosh Sharma, Adv. for the Appellant. Kavin Gulati, Sr. Adv., Avi Tandon, Adv., Rohit Sthalekar, Adv. and T.… Read More »