Category: Supreme Court

Payment made by the assessee as non-compete fee was an allowable revenue expenditure under Section 37(1) of the Act –Supreme Court In a recent judgment, Hon’ble Supreme Court has held that non-compete fee payment made to essentially keep a potential competitor out of the same business cannot be …

Assessee is entitled to claim deduction of interest on borrowed funds invested in sister concern for acquiring controlling interest – Supreme Court In a recent judgment, Hon’ble Supreme Court allowed deduction of interest on borrowed funds u/s 36(1)(iii) of the Act which was utilized for investment in a …

ESIC can’t invoke Section 45A on the allegation of inadequacy of record but only in case of non-production of the record – SC In a recent judgment, Hon’ble Supreme Court has held that the statutory scheme of ESI Act does not allow the ESIC to invoke Section 45A …

Tender condition of experience in the same name and style of tenderer can not overlook experience in joint venture unless specifically excluded so in eligibility criteria. In a recent judgment, Hon’ble Supreme Court has held that disqualifying applicant from tender on technical evaluation by not taking into account …

Common Area Maintenance (CAM) Charges cannot, by any stretch, be construed as payment of rent liable to TDS under section 194-I – Supreme Court dismissed SLP.  In a recent judgment, Hon’ble Supreme Court has dismissed SLP of the Income Tax Department against the judgment of the High Court …

SC upheld that merely producing audit objection in order u/s 148A(d) ignoring reply of assessee is non application of mind In a recent judgment, the Hon’ble Supreme Court upheld the judgment of Gujarat High Court in holding that merely producing of audit objection in the order under Section …

In an insurance claim if it is established that damage was caused by fire, then reasons by which the fire took place becomes irrelevant. In a recent judgment, Hon’ble Supreme Court has held that in an insurance claim if damage is caused by fire, then the reason by …

Section 44C applies to exclusive expenditure on head office for the Indian branches incurred by non resident assessee’s. In a recent judgment, Hon’ble Supreme Court has held that Section 44C of Income Tax Act is not limited to mere common expenditure incurred by the head office attributable to …

Compensation under motor vehicle Act to parents of child died attract a less multiplier than from that of a claim filed by a disabled child. In a recent judgment, Hon’ble Supreme Court has held that compensation under motor vehicle Act by parents of child died would definitely attract …

Liability under the Motor Vehicles Act can’t be decided on the grounds of sympathy alone but must be established by credible evidence – SC In a recent judgment, Hon’ble Supreme Court has stated that the principles of law cannot be set aside on the grounds of sympathy alone. …