Category: Supreme Court

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 …

Addition u/s 68 on account of cheque received from director of the company on the last day of the financial year which was reversed on 1st day of next financial year – SLP dismissed In a recent order Hon’ble Supreme Court has dismissed the SLP of the assessee …