Income Tax Act, 1961

Supreme Court Upholds Addition of Unexplained Cash Credits as Income: Vijay Kumar Talwar vs. Commissioner of Income Tax (2010)

LEGAL ISSUE: Whether the Income Tax Appellate Tribunal’s (ITAT) order was based on sufficient evidence regarding unexplained cash credits, and if the High Court erred in dismissing the appeal for lack of a substantial question of law. CASE TYPE: Income Tax Law Case Name: Vijay Kumar Talwar vs. Commissioner of Income Tax, Delhi [Judgment Date]: […]

Supreme Court Upholds Addition of Unexplained Cash Credits as Income: Vijay Kumar Talwar vs. Commissioner of Income Tax (2010) Read Post »

Supreme Court clarifies conditions for waiving interest under Section 220(2A) of the Income Tax Act: B.M. Malani vs. Commr. of Income Tax (2008)

Introduction Date of the Judgment: October 01, 2008 Citation: [Not Available in Source] Judges: S.B. Sinha, J., Cyriac Joseph, J. When can the Income Tax Department waive interest on delayed tax payments? The Supreme Court of India addressed this question in the case of B.M. Malani vs. Commissioner of Income Tax, focusing on the interpretation

Supreme Court clarifies conditions for waiving interest under Section 220(2A) of the Income Tax Act: B.M. Malani vs. Commr. of Income Tax (2008) Read Post »

Supreme Court Quashes Conviction in NDPS Act Case Due to Non-Compliance with Search Procedure: Man Bahadur vs. State of H.P. (23 September 2008)

Introduction Date of the Judgment: 23 September 2008 The Supreme Court of India addressed a critical question: Is it mandatory for an investigating officer to inform an accused of their right to be searched in the presence of a Magistrate or a gazetted officer, as per Section 50 of the Narcotic Drugs and Psychotropic Substances

Supreme Court Quashes Conviction in NDPS Act Case Due to Non-Compliance with Search Procedure: Man Bahadur vs. State of H.P. (23 September 2008) Read Post »

Supreme Court clarifies Capital Receipt vs. Revenue Receipt for Incentive Subsidy under Income Tax Act: Commissioner of Income Tax vs. Ponni Sugars & Chemicals Ltd. (2008)

Date of the Judgment: September 16, 2008 Citation: Commissioner of Income Tax, Madras v. Ponni Sugars & Chemicals Ltd., Civil Appeal No. 5694 of 2008 (arising out of S.L.P. (C) No. 7926/04) Judges: S.H. Kapadia, J., B. Sudershan Reddy, J. Are incentive subsidies received by businesses capital receipts or revenue receipts for income tax purposes?

Supreme Court clarifies Capital Receipt vs. Revenue Receipt for Incentive Subsidy under Income Tax Act: Commissioner of Income Tax vs. Ponni Sugars & Chemicals Ltd. (2008) Read Post »

Supreme Court clarifies scope of mistake under Section 254(2) of Income Tax Act in Saurashtra Kutch Stock Exchange Ltd. (September 15, 2008)

Date of the Judgment: September 15, 2008 Citation: [Not Available in Source] Judges: C.K. Thakker, J., Lokeshwar Singh Panta, J. Can the Income Tax Appellate Tribunal rectify an order if it fails to consider a decision from the High Court? The Supreme Court addressed this question in the case of Assistant Commissioner, Income Tax vs.

Supreme Court clarifies scope of mistake under Section 254(2) of Income Tax Act in Saurashtra Kutch Stock Exchange Ltd. (September 15, 2008) Read Post »

Supreme Court clarifies interest on delayed excise refunds: Union of India vs. Shreeji Colour Chem Industries (2008)

Introduction Date of the Judgment: September 15, 2008 Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. When does the government have to pay interest on delayed refunds of excise duties? The Supreme Court of India addressed this question in a case involving Shreeji Colour Chem Industries. The core issue was whether the company was

Supreme Court clarifies interest on delayed excise refunds: Union of India vs. Shreeji Colour Chem Industries (2008) Read Post »

Supreme Court settles deduction calculation under Section 80HHC for export businesses: M/s. Mysodet (P) Ltd. vs. Commissioner of Income Tax, Bangalore (2008)

Introduction Date of the Judgment: September 03, 2008 Citation: Civil Appeal No. 5475 of 2008 (Arising out of SLP(C) No. 7323 of 2007) Judges: Justice S.H. Kapadia and Justice B. Sudershan Reddy How should deductions be calculated for export businesses under Section 80HHC of the Income Tax Act when a company has both export and

Supreme Court settles deduction calculation under Section 80HHC for export businesses: M/s. Mysodet (P) Ltd. vs. Commissioner of Income Tax, Bangalore (2008) Read Post »

Supreme Court settles deduction on guest house expenses under Section 37 of Income Tax Act: Britannia Industries vs. Commissioner of Income Tax (2005)

Introduction Date of the Judgment: 05/10/2005 Citation: Appeal (civil) 2415 of 2004 Judges: B.P. Singh, Tarun Chatterjee & Altamas Kabir Can expenses incurred on a guest house be claimed as a deduction under the Income Tax Act, given the specific provisions regarding guest houses? The Supreme Court of India addressed this question in a case

Supreme Court settles deduction on guest house expenses under Section 37 of Income Tax Act: Britannia Industries vs. Commissioner of Income Tax (2005) Read Post »

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