M.R. Shah

Supreme Court disallows business loss claim on confiscated silver: CIT vs. Prakash Chand Lunia (24 April 2023)

Supreme Court disallows business loss claim on confiscated silver: CIT vs. Prakash Chand Lunia (2023) LEGAL ISSUE: Whether a business can claim a loss for confiscated goods when the confiscation resulted from an illegal activity, even if the business is otherwise legitimate. CASE TYPE: Income Tax Law. Case Name: The Commissioner of Income Tax Jaipur […]

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Supreme Court clarifies scope of assessment under Section 153A of the Income Tax Act in search cases (24 April 2023)

Supreme Court Clarifies Assessment Scope Under Section 153A of Income Tax Act Date of the Judgment: 24 April 2023 Citation: (2023) INSC 379 Judges: M.R. Shah, J. and Sudhanshu Dhulia, J. Can tax authorities reassess income for previous years based on materials found during a search, even if those years’ assessments were already completed? The

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Supreme Court Clarifies Assessment Scope Under Section 153A of Income Tax Act: Abhisar Buildwell P. Ltd. vs. PCIT (24 April 2023)

Supreme Court Clarifies Assessment Scope Under Section 153A of Income Tax Act: Abhisar Buildwell P. Ltd. vs. PCIT (2023) LEGAL ISSUE: Scope of assessment under Section 153A of the Income Tax Act, 1961, specifically whether the Assessing Officer’s (AO) jurisdiction is limited to incriminating material found during a search. CASE TYPE: Income Tax Law, Search

Supreme Court Clarifies Assessment Scope Under Section 153A of Income Tax Act: Abhisar Buildwell P. Ltd. vs. PCIT (24 April 2023) Read Post »

Supreme Court Directs Grievance Redressal Committees for Advocates: District Bar Association Dehradun vs. Ishwar Shandilya (20 April 2023)

Supreme Court Directs Grievance Redressal Committees for Advocates: District Bar Association Dehradun vs. Ishwar Shandilya (20 April 2023) Date of the Judgment: 20 April 2023 Judges: M.R. Shah, J. and Ahsanuddin Amanullah, J. Can strikes by lawyers be avoided by addressing their genuine grievances? The Supreme Court of India addressed this critical question by directing

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Supreme Court Directs Grievance Redressal Committees for Advocates: District Bar Association Dehradun vs. Ishwar Shandilya (20 April 2023)

Supreme Court Directs Grievance Redressal Committees for Advocates: District Bar Association Dehradun vs. Ishwar Shandilya (20 April 2023) Date of the Judgment: 20 April 2023 Citation: 2023 INSC 405 Judges: M.R. Shah, J. and Ahsanuddin Amanullah, J. Can the frequent strikes and boycotts by advocates be controlled? The Supreme Court of India addressed this issue

Supreme Court Directs Grievance Redressal Committees for Advocates: District Bar Association Dehradun vs. Ishwar Shandilya (20 April 2023) Read Post »

Supreme Court Upholds Land Acquisition: Land Acquisition Collector vs. Hari Chand (2023)

Supreme Court Upholds Land Acquisition: Land Acquisition Collector vs. Hari Chand (2023) LEGAL ISSUE: Whether land acquisition proceedings lapse if compensation is not paid, despite possession being taken. CASE TYPE: Land Acquisition Case Name: Land Acquisition Collector (South) vs. Hari Chand and Anr. [Judgment Date]: April 19, 2023 Introduction Date of the Judgment: April 19,

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Supreme Court clarifies High Court’s powers in Transfer Pricing Appeals: SAP Labs India vs. Income Tax Officer (2023)

Supreme Court Clarifies Scope of High Court’s Review in Transfer Pricing Cases Date of the Judgment: April 19, 2023 Citation: Civil Appeal No. 8463 of 2022 (Arising from S.L.P.(Civil) No.28652/2018) [and batch of other appeals] Judges: M.R. Shah, J., M.M. Sundresh, J. Can High Courts intervene in transfer pricing cases where the Income Tax Appellate

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Supreme Court clarifies High Court’s role in Transfer Pricing Appeals: SAP Labs India vs. Income Tax Officer (2023)

Supreme Court clarifies High Court’s role in Transfer Pricing Appeals: SAP Labs India vs. Income Tax Officer (2023) LEGAL ISSUE: Scope of High Court’s jurisdiction in appeals against Income Tax Appellate Tribunal’s (ITAT) decisions on transfer pricing. CASE TYPE: Income Tax, Transfer Pricing Case Name: SAP Labs India Private Limited vs. Income Tax Officer, Circle

Supreme Court clarifies High Court’s role in Transfer Pricing Appeals: SAP Labs India vs. Income Tax Officer (2023) Read Post »

Supreme Court Upholds Land Acquisition: Delhi Development Authority vs. Shiv Raj & Ors. (2023)

Supreme Court Upholds Land Acquisition: Delhi Development Authority vs. Shiv Raj & Ors. (2023) LEGAL ISSUE: Whether land acquisition proceedings lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 if possession is taken but compensation is not paid. CASE TYPE: Land Acquisition Case Name:

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Supreme Court Upholds Land Acquisition: Delhi Development Authority vs. Shiv Raj & Ors. (2023)

Supreme Court Upholds Land Acquisition: Delhi Development Authority vs. Shiv Raj & Ors. (2023) LEGAL ISSUE: Whether land acquisition proceedings lapse if compensation is not paid, despite possession being taken. CASE TYPE: Land Acquisition. Case Name: Delhi Development Authority vs. Shiv Raj & Ors. Judgment Date: April 19, 2023 Introduction Date of the Judgment: April

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Supreme Court Upholds Mandatory Penalty and Interest Under Gujarat Sales Tax Act: State of Gujarat vs. M/s Saw Pipes Ltd. (2023) INSC 355

Supreme Court Upholds Mandatory Penalty and Interest Under Gujarat Sales Tax Act: State of Gujarat vs. M/s Saw Pipes Ltd. (2023) INSC 355 LEGAL ISSUE: Whether penalty and interest under the Gujarat Sales Tax Act, 1969 can be waived based on a taxpayer’s bonafide belief and payment of the principal tax amount. CASE TYPE: Tax

Supreme Court Upholds Mandatory Penalty and Interest Under Gujarat Sales Tax Act: State of Gujarat vs. M/s Saw Pipes Ltd. (2023) INSC 355 Read Post »

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