Taxation Lawyer

A retrospective provision in a tax act which is “for the removal of doubts” cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood: Supreme Court

By team of Advocate Retainer August 12, 2021 - 09:00

A retrospective provision in a tax act which is “for the removal of doubts” cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood: Supreme Court

The SC on August 11, 2021 {M.M. Aqua Technologies Ltd. vs. Commissioner of Income Tax, Delhi-III} held that in case of retrospective amendment, th...

Posted in Retrospective amendment Taxation, Section 43B Explanation 3C of the Income Tax

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Taxation: Exemptions should generally be strictly interpreted but beneficial exemptions having their purpose as encouragement or promotion of certain activities should be liberally interpreted, Supreme Court

By team of Advocate Retainer June 19, 2021 - 08:00

Taxation: Exemptions should generally be strictly interpreted but beneficial exemptions having their purpose as encouragement or promotion of certain activities should be liberally interpreted, Supreme Court

The SC on March 1, 2021 {GOVERNMENT OF KERALA & ANR. vs. MOTHER SUPERIOR ADORATION CONVENT} held that it is settled law that the notification ...

Posted in Beneficial Exemption, exemption in taxation, Precedent

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Supreme Court: Which pocket of the Government should be enriched has taken forty-four (44) years to decide – a classic case of what ought not to be

By team of Advocate Retainer September 15, 2020 - 09:00

Supreme Court: Which pocket of the Government should be enriched has taken forty-four (44) years to decide – a classic case of what ought not to be

The SC on September 11, 2020 {NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION vs COMMISSIONER OF INCOME TAX, DELHI-V} held that which pocket of the ...

Posted in Advance Ruling, Capital expense, Docket explosion, Government inter-se disputes, Revenue Expense

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Capital gain tax on Income from Land Acquisition chargeable from the date of award: SC

By team of Advocate Retainer August 27, 2020 - 09:00

Capital gain tax on Income from Land Acquisition chargeable from the date of award: SC

The SC on August 25, 2020 {RAJ PAL SINGH vs. COMMISSIONER OF INCOME TAX} held that capital gains shall be deemed to have accrued: (a) upon making ...

Posted in capital gain tax, Land Acquisition, Tenant at sufferance, Tenant holding over

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Supreme Court: Extending of any incentive in the form of exemption, rebate, concession or subsidy is a fiscal policy; Government is entitled to alter the same as deemed fit and proper

By team of Advocate Retainer July 21, 2020 - 13:37

Supreme Court: Extending of any incentive in the form of exemption, rebate, concession or subsidy is a fiscal policy; Government is entitled to alter the same as deemed fit and proper

The SC on July 17, 2020 {M/S. ULTRATECH CEMENT LTD. & ANR. vs STATE OF RAJASTHAN & ORS.} held that benefit of any ambiguity could not hav...

Posted in Contemporanea exposition est optima et fortissimo in lege, Promissory Estoppel, Rajasthan Investment Promotion Scheme-2003, Revision, Withdrawal of exemption

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Empty bottles purchased for manufacturing of Beer & IMFL are exigible to Purchase Tax, Supreme Court

By team of Advocate Retainer June 29, 2020 - 13:30

Empty bottles purchased for manufacturing of Beer & IMFL are exigible to Purchase Tax, Supreme Court

The SC on June 29, 2020 {THE COMMERCIAL TAX OFFICER & ANR. vs MOHAN BREWARIES AND DISTRILLERIES LIMITED} held that purchase tax under Section...

Posted in Purchase Tax, Scope of Departmental Clarifications/ Circulars/ Instructions, Tamil Nadu General Sales Tax

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[Income Tax] Eligibility to claim deduction is subject to strict interpretation, Supreme Court

By team of Advocate Retainer June 08, 2020 - 09:00

[Income Tax] Eligibility to claim deduction is subject to strict interpretation, Supreme Court

The SC on June 05, 2020 {RAMNATH & CO. vs THE COMMISSIONER OF INCOME TAX} held that at and until the stage of finding out eligibility to claim...

Posted in Interpretation of deduction, Section 80-O Income Tax Act

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SC upholds reimbursement of Sales Tax to Contractor: State cannot refuse refund on vacillating Circulars

By team of Advocate Retainer June 06, 2020 - 09:00

SC upholds reimbursement of Sales Tax to Contractor: State cannot refuse refund on vacillating Circulars

The SC on June 05, 2020 {STATE OF ORISSA vs M/S B. ENGINEERS & BUILDERS LTD. & ORS.} held that the terms of contract bind the parties ther...

Posted in Circular, Terms of Contract

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Writ Petition is not maintainable, in alternate to appeal which stands time barred: SC

By team of Advocate Retainer May 06, 2020 - 12:30

Writ Petition is not maintainable, in alternate to appeal which stands time barred: SC

The SC on May 6, 2020 {Assistant Commissioner (CT) LTU, Kakinada & Ors. v. M/s. Glaxo Smith Kline Consumer Health Care Limited} held that the ...

Posted in Delay condonation beyond Maximum period of Statute, Delay condonation under Art 142, Disregard to Statutory Scheme, Punishment less than minimum sentence, Writ petition in place of time barred appeal

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SC upholds general trend of taking assistance of Explanatory Notes while resolving entry related dispute of excisable goods

By team of Advocate Retainer May 01, 2020 - 07:24

SC upholds general trend of taking assistance of Explanatory Notes while resolving entry related dispute of excisable goods

The SC on May 1, 2020 {COMMISSIONER OF CENTRAL EXCISE, DELHI-III v. M/S. UNI PRODUCTS INDIA LTD.} held that “The common parlance test”, “marketab...

Posted in CESTAT, Entry related dispute, Excisable Goods

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Obligation to deduct TDS on Income accrued in India to non-resident sports association is not affected by DTAA: SC

By team of Advocate Retainer April 29, 2020 - 23:30

Obligation to deduct TDS on Income accrued in India to non-resident sports association is not affected by DTAA: SC

The SC on April 29, 2020 {PILCOM v. C.I.T. WEST BENGAL-VII} held that the obligation to deduct Tax at Source under Section 194E of the Income Tax ...

Posted in DTAA, Income accrued in India, Income Tax Act, non-resident sports association, Section 115BBA, Section 194E, TDS

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SC orders Income Tax to release refund of Rs. 733 crores to Vodafone within four weeks

By team of Advocate Retainer April 29, 2020 - 07:00

SC orders Income Tax to release refund of Rs. 733 crores to Vodafone within four weeks

The SC on April 29, 2020 {VODAFONE IDEA LTD. v. ASSISTANT COMMISSIONER OF INCOME TAX & ANR.} held that if a notice was issued in conformity wi...

Posted in Delay in processing ITR returns, Income Tax refund, Sec 143(1), Sec 143(2), Sec 143(3)

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