Category: Supreme Court
Transfer pricing adjustment without reference to TPO. Supreme Court upholds that AO breached mandatory Instruction but restored appeal to AO ABCAUS Case Law Citation:ABCAUS 3119 (2019) (08) SC Important case law relied upon by the parties: The instant Appeal by Special Leave was made by the Revenue to …
Reopening u/s 148 alleging evidence discovered with due diligence quashed as no specific failure on part of the assessee was stated. SC dismisses SLP of the Department ABCAUS Case Law Citation:ABCAUS 3110 (2019) (08) SC The respondent assessee was a company. For the relevant assessment year it had …
Supreme Court upholds Home buyers status as financial creditors. Constitutional validity of amendments to IBC 2016 also upheld ABCAUS Case Law Citation:ABCAUS 3109 (2019) (08) SC Important case law relied upon by the parties:Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd.Chitra Sharma & Ors. v. Union of …
Deemed Registration u/s 12AA-Supreme Court admits SLP on the issue as to whether provisions of Section 12AA of the Income Tax Act, 1961 are directory or mandatory ABCAUS Case Law Citation:ABCAUS 3098 (2019) (08) SC The Sub-section 2 of Section 12AA of the Income Tax Act, 1961 (the …
In absence of cost of acquisition of development rights, TDR cannot be taxed as a capital gain. Supreme Court dismissed SLP of Department ABCAUS Case Law Citation:ABCAUS 3097 (2019) (08) SC Important case law relied upon by the parties:Sambhaji Nagar Co-op. Hsg. Society Ltd. (2015) 370 ITR 325 …
Addition as unexplained credit/Investment in case of money launderer / hawala operator. Supreme Court dismisses SLP against High Court order ABCAUS Case Law Citation:ABCAUS 3089 (2019) (07) SC The Income Tax Department had received information from the Enforcement Directorate (ED) that the appellant assessee had opened various bank …
Assessment order in the name of non-existent amalgamating company void. Supreme Court put the controversy to rest once for all ABCAUS Case Law Citation:ABCAUS 3082 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:Spice Entertainment Ltd. v Commissioner of Service Tax 2012 (280) ELT 43 (Del.)Skylight …
Mere Permission to do work from home not take away status as employees for the purpose of EPF Act – Supreme Court ABCAUS Case Law Citation:ABCAUS 3080 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:M/s P. M. Patel & Sons and Ors. v. Union of …
Is bank guarantee commission liable to TDS u/s 194H-SC dismisses SLP of the Department but keeps the Question of Law open ABCAUS Case Law Citation:ABCAUS 3073 (2019) (07) SC Important Case Laws Cited/relied upon by the parties:Commissioner of Income Tax (TDS)1 Vs. Larsen & Toubro Ltd. (2019)101 taxmann.com 83(Bombay) In the instant case, the Income Tax …
Reopening due to change in method of accounting for NPA quashed as it was notified in audited accounts. SC dismissed SLP of Revenue ABCAUS Case Law Citation:ABCAUS 3069 (2019) (07) SC The Assessing Officer (AO) had initiated re-assessment proceedings against the respondent bank under Section 147 read with …