Supreme Court Upholds Specific Performance of Sale Agreements: A.R. Madana Gopal vs. Ramnath Publications (2021) LEGAL ISSUE: Whether a delay in seeking specific performance of a sale agreement after the disposal of a related writ petition is fatal to the case, especially when the agreement stipulated payment at the time of registration of sale deeds. […]
Supreme Court on the Validity of Section 254(2A) of the Income Tax Act Date of the Judgment: 06 April 2021 Citation: 2021 INSC 185 Judges: Justice Rohinton Fali Nariman, Justice B.R. Gavai, and Justice Hrishikesh Roy. Can an Income Tax Appellate Tribunal (ITAT) automatically vacate a stay order if an appeal isn’t decided within 365
Supreme Court Clarifies “Casual Trader” Definition Under Rajasthan Sales Tax Act: Commercial Taxes Officer vs. M/s Bhagat Singh (2021) LEGAL ISSUE: Interpretation of “Casual Trader” under the Rajasthan Sales Tax Act, 1954, concerning the time limit for tax assessment. CASE TYPE: Tax Law Case Name: Commercial Taxes Officer, Circle-B, Bharatpur vs. M/s Bhagat Singh [Judgment
Supreme Court Clarifies Tax Deductibility of Grants by National Cooperative Development Corporation Date of the Judgment: 11 September 2020 Citation: (2020) INSC 649 Judges: Sanjay Kishan Kaul, J., Indu Malhotra, J. Can a government entity deduct grants given for its business purposes from its taxable income? The Supreme Court of India addressed this question in
Supreme Court clarifies Wealth Tax on Clubs: Bangalore Club vs. Commissioner of Wealth Tax (2020) LEGAL ISSUE: Whether a members’ club is liable to pay wealth tax as an association of persons when the shares of its members are not indeterminate. CASE TYPE: Tax Law Case Name: M/S BANGALORE CLUB vs. THE COMMISSIONER OF WEALTH
Supreme Court Upholds Disallowance of Payments for Failure to Deduct TDS in Transportation Contracts (29 July 2020) LEGAL ISSUE: Whether payments made to truck operators/owners without deducting Tax Deducted at Source (TDS) can be disallowed as business expenditure under Section 40(a)(ia) of the Income Tax Act, 1961. CASE TYPE: Income Tax Law, specifically relating to
Supreme Court Clarifies Taxability of Non-Compete Fees: Shiv Raj Gupta vs. Commissioner of Income-Tax (2020) LEGAL ISSUE: Whether a non-compete fee received by a former managing director is taxable as business income or a capital receipt. CASE TYPE: Income Tax Case Name: Shiv Raj Gupta vs. Commissioner of Income-Tax, Delhi-IV Judgment Date: 22nd July, 2020
Supreme Court Clarifies Deduction Under Section 80-O of Income Tax Act for Services to Foreign Enterprises Date of the Judgment: June 5, 2020 Citation: (2020) INSC 415 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J. Can income earned by Indian companies for services provided to foreign enterprises qualify for tax deductions under Section 80-O of the
Supreme Court Clarifies Income Tax Refund Processing When Scrutiny Notice Issued LEGAL ISSUE: Whether the Income Tax Department is obligated to process a tax refund under Section 143(1) of the Income Tax Act, 1961, when a scrutiny notice has been issued under Section 143(2) of the same Act. CASE TYPE: Income Tax Case Name: Vodafone
Supreme Court Upholds Tax Deduction on Payments to Non-Resident Sports Associations: PILCOM vs. C.I.T. West Bengal-VII (2020) LEGAL ISSUE: Whether payments made to non-resident sports associations for matches played in India are subject to tax deduction at source. CASE TYPE: Income Tax Law Case Name: PILCOM vs. C.I.T. West Bengal-VII [Judgment Date]: 29 April 2020
Supreme Court Upholds Validity of Section 43B(f) of Income Tax Act in Leave Encashment Deductions Date of the Judgment: 24 April 2020 Citation: (2020) INSC 305 Judges: A.M. Khanwilkar, J., Hemant Gupta, J., and Dinesh Maheshwari, J. The Supreme Court of India addressed a critical question regarding the validity of Section 43B(f) of the Income
Supreme Court Denies Mutuality Claim for Advertising Subsidiary: Yum! Restaurants vs. Commissioner of Income Tax (2020) Date of the Judgment: 24 April 2020 Citation: (2020) INSC 288 Judges: A.M. Khanwilkar, J. and Dinesh Maheshwari, J. Can a company, created as a subsidiary for advertising and marketing, claim tax exemption under the doctrine of mutuality? The
