Supreme Court Remands Income Tax Case: Applicability of Section 35D of Income Tax Act to Banks Date of the Judgment: 15 March 2019 Citation: 2019 INSC 251 Judges: Abhay Manohar Sapre, J., Dinesh Maheshwari, J. Can a bank be considered an industrial undertaking for tax deduction purposes? The Supreme Court of India recently addressed this […]
Supreme Court clarifies refund claims under Central Excise Act: Western Coalfields Ltd. vs. Commissioner of Central Excise (2019) LEGAL ISSUE: Applicability of limitation period for refund claims under Section 11B of the Central Excise Act, 1944 when the duty was paid under protest by the manufacturer and the refund is claimed by the buyer. CASE
Supreme Court clarifies the scope of “Gypsum in all its forms” under Rajasthan VAT Act: Additional Commissioner vs. Lohiya Agencies (2019) LEGAL ISSUE: Interpretation of the term “Gypsum in all its forms” under the Rajasthan Value Added Tax Act, 2003. CASE TYPE: Tax Law Case Name: The Additional Commissioner (Legal), Commercial Taxes, Rajasthan & Anr.
Supreme Court Upholds GST Compensation Cess Act: Union of India vs. Hind Energy and Coal Benefication (2018) LEGAL ISSUE: Whether the Goods and Services Tax (Compensation to States) Act, 2017 is constitutionally valid and within the legislative competence of the Parliament. CASE TYPE: Tax Law, Constitutional Law Case Name: Union of India & Anr. vs.
Supreme Court Dismisses Tax Appeals Below 1 Crore: Commissioner of Income Tax vs. Hotel and Allied Trades (P) Ltd. (2018) LEGAL ISSUE: Whether appeals with a tax effect below ₹1 crore should be dismissed based on a Central Board of Direct Taxes (CBDT) circular. CASE TYPE: Tax Law Case Name: Commissioner of Income Tax, Kochi
Supreme Court Allows Deduction of Quantity Discounts in VAT Calculation: Maya Appliances vs. Commissioner of Commercial Taxes (2018) Date of the Judgment: 06 February 2018 Citation: (2018) INSC 87 Judges: Dipak Misra, CJI, A M Khanwilkar, J, Dr D Y Chandrachud, J. Can a company deduct discounts given to distributors from its taxable turnover, even
LEGAL ISSUE: Whether oil companies are eligible for a set-off of Value Added Tax (VAT) against Entry Tax paid on petroleum products when the VAT is levied at the point of sale by other oil marketing companies (OMCs). CASE TYPE: Tax Law Case Name: Indian Oil Corporation Limited vs. State of Bihar & Anr. Judgment
Date of the Judgment: October 13, 2017 Citation: (2017) INSC 939 Judges: A.K. Sikri, J., Ashok Bhushan, J. When assessing wealth tax, how should a cinema building be valued? Should it be based on its income or the value of the land and building? The Supreme Court of India recently addressed this question, clarifying the
Can states levy entry tax on goods imported from outside India? The Supreme Court of India addressed this crucial question in a batch of appeals, including State of Kerala vs. Fr. William Fernandez. This judgment clarifies the legislative powers of states regarding entry tax on imported goods. The court held that states have the authority
LEGAL ISSUE: Whether the Designated Authority under the Delhi Tax Compliance Achievement Scheme, 2013, had the power to issue show cause notices for reopening assessments. CASE TYPE: Tax Law Case Name: Commissioner of Trade and Taxes and Ors. vs. M/S Ahluwalia Contracts (India) Ltd. Judgment Date: 4 October 2017 Can a tax authority, specifically an
LEGAL ISSUE: Whether tax credit under Section 11(3)(b) of the Gujarat Value Added Tax Act, 2003 should be reduced once or twice when goods fall under multiple sub-clauses. CASE TYPE: Tax Law – Value Added Tax (VAT) Case Name: State of Gujarat vs. Reliance Industries Limited Judgment Date: 22 September 2017 Introduction Date of the
LEGAL ISSUE: Whether a specific entry in a tax rate schedule can override a general exemption for the same goods. CASE TYPE: Tax Law – Sales Tax Case Name: M/S Shanti Fragrances vs. Union of India and Ors. Judgment Date: 21 September 2017 Introduction Date of the Judgment: 21 September 2017 Citation: Not available in
