R.K. Agrawal

Supreme Court Upholds Second Notice under Section 158BD of IT Act in Income Tax Assessment: Tapan Kumar Dutta vs. Commissioner of Income Tax (2018)

Supreme Court Upholds Second Notice under Section 158BD of IT Act in Income Tax Assessment: Tapan Kumar Dutta vs. Commissioner of Income Tax (2018) LEGAL ISSUE: Validity of a second notice issued under Section 158BD of the Income Tax Act, 1961 when a prior notice under Section 158BC was already issued to the same assessee. […]

Supreme Court Upholds Second Notice under Section 158BD of IT Act in Income Tax Assessment: Tapan Kumar Dutta vs. Commissioner of Income Tax (2018) Read Post »

Supreme Court Quashes Reassessment Notice for Income Tax: TechSpan India Pvt. Ltd. (2018)

Supreme Court Quashes Reassessment Notice for Income Tax: TechSpan India Pvt. Ltd. (2018) LEGAL ISSUE: Whether the reopening of a completed assessment under Section 147 of the Income Tax Act, 1961 is justified based on a mere change of opinion by the Assessing Officer. CASE TYPE: Income Tax Case Name: Income Tax Officer Ward No.

Supreme Court Quashes Reassessment Notice for Income Tax: TechSpan India Pvt. Ltd. (2018) Read Post »

Supreme Court Denies Deduction Under Section 80-O of Income Tax Act: B.L. Passi vs. Commissioner of Income Tax (24 April 2018)

Supreme Court Denies Deduction Under Section 80-O of Income Tax Act: B.L. Passi vs. Commissioner of Income Tax (2018) LEGAL ISSUE: Whether the assessee is entitled to a deduction under Section 80-O of the Income Tax Act, 1961 for providing commercial and industrial information to a foreign company. CASE TYPE: Income Tax Law Case Name:

Supreme Court Denies Deduction Under Section 80-O of Income Tax Act: B.L. Passi vs. Commissioner of Income Tax (24 April 2018) Read Post »

Supreme Court clarifies taxability of interest on share application money: Commissioner of Income Tax vs. Shree Rama Multi Tech Ltd (2018)

Supreme Court on Taxability of Interest on Share Application Money: Commissioner of Income Tax vs. Shree Rama Multi Tech Ltd (2018) LEGAL ISSUE: Whether interest earned on share application money is taxable income. CASE TYPE: Income Tax. Case Name: The Commissioner of Income Tax-IV, Ahmedabad vs. M/s. Shree Rama Multi Tech Ltd. [Judgment Date]: 24

Supreme Court clarifies taxability of interest on share application money: Commissioner of Income Tax vs. Shree Rama Multi Tech Ltd (2018) Read Post »

Supreme Court clarifies total turnover under Section 10A of IT Act: Commissioner of Income Tax vs. HCL Technologies Ltd. (24 April 2018)

Supreme Court clarifies total turnover under Section 10A of IT Act: Commissioner of Income Tax vs. HCL Technologies Ltd. (2018) LEGAL ISSUE: Whether software development charges should be excluded while calculating deductions under Section 10A of the Income Tax Act, 1961. CASE TYPE: Income Tax Case Name: Commissioner of Income Tax, Central-III vs. HCL Technologies

Supreme Court clarifies total turnover under Section 10A of IT Act: Commissioner of Income Tax vs. HCL Technologies Ltd. (24 April 2018) Read Post »

Supreme Court Clarifies Taxability of Stock Appreciation Rights (SARs) in Income Tax Act: Addl. Commissioner of Income Tax vs. Bharat V. Patel (24 April 2018)

Supreme Court Clarifies Taxability of Stock Appreciation Rights (SARs) in Income Tax Act: Addl. Commissioner of Income Tax vs. Bharat V. Patel (2018) LEGAL ISSUE: Whether the amount received on redemption of Stock Appreciation Rights (SARs) is taxable as a perquisite or as capital gains under the Income Tax Act, 1961. CASE TYPE: Income Tax

Supreme Court Clarifies Taxability of Stock Appreciation Rights (SARs) in Income Tax Act: Addl. Commissioner of Income Tax vs. Bharat V. Patel (24 April 2018) Read Post »

Supreme Court settles deduction of lease equalization charges in income tax: Commissioner of Income Tax vs. Virtual Soft Systems Ltd. (24 April 2018)

Supreme Court Allows Lease Equalization Charges Deduction: Commissioner of Income Tax vs. Virtual Soft Systems Ltd. (2018) LEGAL ISSUE: Whether lease equalization charges can be deducted from lease rental income under the Income Tax Act, 1961, based on a Guidance Note issued by the Institute of Chartered Accountants of India (ICAI). CASE TYPE: Income Tax

Supreme Court settles deduction of lease equalization charges in income tax: Commissioner of Income Tax vs. Virtual Soft Systems Ltd. (24 April 2018) Read Post »

Supreme Court settles retrospective applicability of Section 40(a)(ia) of the Income Tax Act in Tax Deduction Cases (24 April 2018)

Supreme Court Clarifies Retrospective Application of Section 40(a)(ia) of the Income Tax Act in Tax Deduction Cases LEGAL ISSUE: Whether the amendment to Section 40(a)(ia) of the Income Tax Act, 1961, by the Finance Act, 2010, has retrospective application. CASE TYPE: Income Tax Law Case Name: Commissioner of Income Tax Kolkata XII vs. M/s Calcutta

Supreme Court settles retrospective applicability of Section 40(a)(ia) of the Income Tax Act in Tax Deduction Cases (24 April 2018) Read Post »

Supreme Court Clarifies the Scope of Section 366 IPC in Abduction Cases: Kavita Chandrakant Lakhani vs. State of Maharashtra (24 April 2018)

Supreme Court Clarifies the Scope of Section 366 IPC in Abduction Cases: Kavita Chandrakant Lakhani vs. State of Maharashtra (2018) LEGAL ISSUE: Whether the act of forcibly taking a woman to a place constitutes abduction with the intent to compel marriage or illicit intercourse under Section 366 of the Indian Penal Code, 1860. CASE TYPE:

Supreme Court Clarifies the Scope of Section 366 IPC in Abduction Cases: Kavita Chandrakant Lakhani vs. State of Maharashtra (24 April 2018) Read Post »

Supreme Court Upholds Eviction of Tenant in Commercial Property Dispute: Apollo Zipper India Ltd. vs. W. Newman And Co. Ltd. (20 April 2018)

Supreme Court Upholds Eviction of Tenant in Apollo Zipper India Ltd. vs. W. Newman And Co. Ltd. (2018) LEGAL ISSUE: Whether a tenant can challenge the derivative title of a landlord after attornment and whether the suit was maintainable under the Transfer of Property Act, 1882. CASE TYPE: Civil (Eviction Suit) Case Name: Apollo Zipper

Supreme Court Upholds Eviction of Tenant in Commercial Property Dispute: Apollo Zipper India Ltd. vs. W. Newman And Co. Ltd. (20 April 2018) Read Post »

Supreme Court Upholds Dismissal of Appeals Under SAFEMA Due to Limitation: Amina Bi Kaskar vs. Union of India (20 April 2018)

Supreme Court Upholds Dismissal of Appeals Under SAFEMA Due to Limitation: Amina Bi Kaskar vs. Union of India (2018) LEGAL ISSUE: Whether the Appellate Tribunal was justified in dismissing appeals as time-barred under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA), and whether the High Court was correct in upholding the

Supreme Court Upholds Dismissal of Appeals Under SAFEMA Due to Limitation: Amina Bi Kaskar vs. Union of India (20 April 2018) Read Post »

Supreme Court clarifies taxability of Sikkim lottery income under Income Tax Act: Mahaveer Kumar Jain vs. Commissioner of Income Tax, Jaipur (2018)

Supreme Court on Double Taxation: Sikkim Lottery Income Tax Exemption LEGAL ISSUE: Whether income from Sikkim State Lottery is taxable under the Income Tax Act, 1961, when it has already been taxed under the Sikkim State Income Tax Rules, 1948. CASE TYPE: Income Tax Law. Case Name: Mahaveer Kumar Jain vs. Commissioner of Income Tax,

Supreme Court clarifies taxability of Sikkim lottery income under Income Tax Act: Mahaveer Kumar Jain vs. Commissioner of Income Tax, Jaipur (2018) Read Post »

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