Category: Supreme Court

Opinion rendered by audit party alone can not be considered as belief of escapement of income which must be made directly and solely by the Income Tax Officer. In a recent judgment, the Hon’ble Supreme Court dismissed SLP of the Revenue against the judgment of the Bombay High …

Incriminating material has to be identified with respect to each Assessment Year before proceeding u/s 153C – Department’s SLP dismissed In a recent judgment, Hon’ble Supreme Court has dismissed the SLP against the judgment of the Delhi High Court in holding that “incriminating material” would have to be …

Mere reimbursement of actual cost and expenses are not taxable service, for payment of service tax thereon – Supreme Court dismisses appeal of Department In a recent judgment, Hon’ble Supreme Court has affirmed the judgment of the Hon’ble CESTAT in holding that mere reimbursement of actual cost and …

Maintainability of a writ petition against any order/award of MSEFC – matter referred to Constitution Bench. In a recent judgment, Hon’ble Supreme Court has referred the question of Maintainability of a writ petition against any order/award of Micro and Small Enterprises Facilitation Council (MSEFC) to Constitution Bench. ABCAUS …

In District Courts instances are where even judges, particularly, in rural areas, still lack access to proper washroom facilities – Supreme Court issues directions on Toilets in Court In a recent judgment, the Hon’ble Supreme Court has directed States & UT for construction and maintenance of public toilets …

Shares sold after seven years cannot be considered as an accommodation entry in penny stock Shares sold after seven years cannot be considered as an accommodation entry in penny stock – Supreme Court dismisses SLP In a recent judgment, Hon’ble Supreme Court has dismissed a SLP of the …

Notice u/s 148 invalid as reasons recorded incorrect information that return was processed u/s 143(1) and no scrutiny assessment was done under Section 143(3) of the Act. In a recent judgment, Hon’ble Supreme Court has dismissed a SLP of the Revenue against the judgment of the Gujarat High …

Incorrect claim or erroneous claim not willful evasion, in certain circumstances can be erroneous interpretation of law.  In a recent judgment/order Hon’ble Supreme Court dismissed the SLP of the Revenue against the order of Karnataka High Court quashing proceedings u/s 276C of the Income Tax Act, 1961 holding …

Reopening u/s 148 was rightly done as income of the company was shifted to partnership firm to avoid tax by setting off bad debts – SLP dismissed by Supreme Court In a recent order/judgment, Hon’ble Supreme Court has dismissed the SLP filed by the assessee company against the …

Excise classification of coconut Oil in small packings. Pure coconut oil sold in small quantities as edible oil classifiable under Heading 1513 – Supreme Court In a recent judgment, a full bench of Hon’ble Supreme Court has held that generally pure coconut oil sold in small quantities as …