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
Supreme Court on Cash Credits under Section 68 of Income Tax Act: Basir Ahmed Sisodiya vs. ITO (2020) Date of the Judgment: 24 April 2020 Citation: Basir Ahmed Sisodiya v. The Income Tax Officer, Civil Appeal No. 6110 of 2009 Judges: A.M. Khanwilkar, J. and Dinesh Maheshwari, J. Can an assessing officer add ‘cash credits’
Supreme Court Clarifies “Preparatory or Auxiliary” Activities under DTAA: Union of India vs. U.A.E. Exchange Centre (2020) LEGAL ISSUE: Interpretation of “preparatory or auxiliary” activities under the Double Taxation Avoidance Agreement (DTAA). CASE TYPE: Income Tax Law Case Name: Union of India & Anr. vs. U.A.E. Exchange Centre Judgment Date: 24 April 2020 Introduction Date
Supreme Court clarifies the applicability of Section 143(1-A) of the Income Tax Act in cases of bonafide errors: Rajasthan State Electricity Board vs. Deputy Commissioner of Income Tax (2020) Date of the Judgment: March 19, 2020 Citation: (2020) INSC 253 Judges: Ashok Bhushan, J., Mohan M. Shantanagoudar, J. (authored by Ashok Bhushan, J.) Can a
Supreme Court Prioritizes Secured Creditor Rights Over Tax Dues in Property Dispute LEGAL ISSUE: Whether a prior secured debt takes precedence over government tax dues when a property is sold by a Debt Recovery Tribunal (DRT). CASE TYPE: Debt Recovery/Tax Law Case Name: M/s. Connectwell Industries Pvt. Ltd. vs. Union of India Judgment Date: March
Supreme Court Clarifies Section 80-IA Deduction for Company Succeeding Partnership in Infrastructure Project Date of the Judgment: 05 March 2020 Citation: (2020) INSC 179 Judges: A.M. Khanwilkar, J., Dinesh Maheshwari, J. Can a company claim tax deductions under Section 80-IA of the Income Tax Act, 1961, for an infrastructure project when it has taken over
Supreme Court Upholds Section 153C Compliance in Income Tax Search Cases: Super Malls Pvt. Ltd. vs. PCIT (2020) LEGAL ISSUE: Whether the Assessing Officer complied with the mandatory requirements of Section 153C of the Income Tax Act, 1961 before initiating proceedings against a third party based on seized documents. CASE TYPE: Income Tax Law, Search
