Category Archives: Supreme Court Judgement

Period of default of TDS for Interest recovery is from date of deductibility till date of actual payment of tax

By | December 29, 2015

SUPREME COURT OF INDIA Commissioner of Income tax, New Delhi v. Eli Lilly & Co. (India) (P.) Ltd.  S.H. KAPADIA AND AFTAB ALAM, JJ. CIVIL APPEAL NOS. 5114 OF 2007 AND OTHERS MARCH 25, 2009 A perusal of section 201(1) and section 201(1A) shows that both these provisions are without prejudice to each other. It… Read More »

Income of Minor to be received after majority not to be clubbed in the hands of Parent

By | December 15, 2015

Section 64(1)(iii) of Income Tax Act, 1961 : Income of Minor Child and Clubbing ? Facts of the Case The brother-in-law of the appellant, namely, Shri Ram Niwas Agarwal had created two trusts for the benefit of two minor children of the appellant, Kapoor Chand. One trust known as Priti Life Trust was for the… Read More »

Place where cheque is delivered for collection will determine territorial jurisdiction: Supreme Court

By | December 6, 2015

SUPREME COURT OF INDIA Bridgestone India (P.) Ltd. v. Inderpal Singh JAGDISH SINGH KHEHAR AND R. BANUMATHI, JJ. CRIMINAL APPEAL NOS. 1557 & 1562 TO 1564 OF 2015 NOVEMBER  24, 2015 JUDGMENT Jagdish Singh Khehar, J. Criminal Appeal No.1557 of 2015 (Arising out of SLP(Crl.)No.7850 of 2011) 1. Leave granted. 2. Despite service, no one… Read More »

Human intervention is required u/s 194 J for deducting TDS on Fees for Technical Services

By | December 3, 2015

SUPREME COURT OF INDIA Commissioner of Income-tax, Delhi v. Bharti Cellular Ltd. S.H. KAPADIA, CJ. K.S. RADHAKRISHNAN, J. CIVIL APPEAL NOS. 6691 TO 6699 OF 2010 AUGUST 12, 2010 Civil Appeal Nos. 6696/2010, 6697/2010, 6698/2010 and 6699/2010 arising out of S.L.P. (C) Nos. 13027/2009, 13029/2009, 13030/2009 and 20909/2009 are taken on Board along with these… Read More »

CD is document as per Indian Evidence Act : Supreme Court

By | December 2, 2015

IN THE SUPREME COURT OF INDIA Shamsher Singh Verma … Appellant Versus State of Haryana …Respondent CRIMINAL APPEAL NO. 1525 OF 2015 November 24, 2015 Word “document” is defined in Section 3 of the Indian Evidence Act, 1872, as under: – “ ‘Document’ means any matter expressed or described upon any substance by means of… Read More »

Date of failure is relevant for the purpose of Imposing penalty : Supreme Court

By | November 27, 2015

Facts of the Case :- Initial Summons to the Respondent was dated 23.7.2002.   (Thus SEBI’s summons to respondent to furnish required documents prior to 29-10-2002.) The Respondent sought time till 20.8.2002 to provide the documents and information sought by the Appellant, and thereafter sought further time till 31.8.2002 and then 30.9.2002.SEBI sent a reminder letter… Read More »

Income from project before commissioning are capital receipts : Supreme Court

By | November 27, 2015

Brief Facts of the Case ;- Assessee-company was in process of constructing and erecting its plant and had not started any business during relevant assessment years .Three heads under which the assessee has received certain amounts. These are the i) rent charged by the assessee to its contractors for housing workers and staff employed by… Read More »

Annual turnover of the stock broker for registration fee include the entire transaction ; Supreme Court

By | November 27, 2015

Issue :-  Interpretation of the term ‘annual turnover’ as it finds mention in the Explanation after paragraph 3 of Schedule III to the Securities & Exchange Board of India (Stock Brokers & Sub-brokers) Regulations, 1992 (for brevity, ‘the Regulations’). The aforesaid Explanation reads as follows : “Explanation. – For the purpose of paragraphs 1, 2 and… Read More »

Exempted goods and Exempted units are different : Supreme Court

By | November 26, 2015

Law : Rajasthan Vat Act Facts of the case The assessee-company is engaged in the business of manufacturing Asbestos Cement Pressure Pipe and Asbestos Cement Sheets and it had availed ITC on the purchase of raw material used in the manufacture of A.C. Sheets. Issue The assessing authority issued notice to the assessee for the… Read More »