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Immunity from Penalty and Prosecution by Settlement Commission: Supreme Court on Sections 245C & 245H – Kotak Mahindra Bank Ltd. vs Commisioner of Income Tax
The
Supreme Court of India in Kotak Mahindra Bank Ltd. v. Commissioner of Income
Tax, Bangalore (2023 INSC 855) examined the scope of judicial interference
with orders passed by the Income Tax Settlement Commission gr...
Section 153C Reassessment for Third Parties: Supreme Court on Relevant Date for Six Assessment Years – Commissioner of Income Tax vs. Jasjit Singh (2023)
The
Supreme Court of India in Commissioner of Income Tax v. Jasjit Singh
(2023 INSC 882) examined the correct interpretation of Sections 153A and 153C
of the Income Tax Act, 1961, particularly concerning the starting ...
Charitable Status of Newspaper Trusts under Section 2(15): Supreme Court Ruling in PCIT (Exemptions) v. Servants of People Society
The
Supreme Court held that although the assessee society had historically been
treated as a charitable institution and granted exemption under the Income Tax
Act, the question of its continued eligibility for exempti...
Interest Tax on Hire-Purchase Instalments: Supreme Court Ruling in Muthoot Leasing & Finance Ltd. vs Commissioner of Income Tax
The
Supreme Court held that the appellants, being non-banking finance and
hire-purchase companies, were not liable to pay interest tax under the
Interest-Tax Act, 1974 on the interest component embedded in hire-purcha...
Levy of Interest and Surcharge in Block Assessment: Supreme Court Ruling in K.L. SWAMY VS THE COMMISSIONER OF INCOME TAX
The
Supreme Court held that interest under Section 158BFA(1) of the Income Tax Act
is leviable for delay in filing the return of income for the block period
pursuant to notice issued under Section 158BD, even where no...
Limitation for Block Assessment under Section 158BE: Supreme Court Ruling in Anil Minda v. CIT (ANIL MINDA VS COMMISSIONER OF INCOME TAX)
The
Supreme Court held that for the purpose of computing the limitation period for
completion of block assessments under Sections 158BC and 158BE of the Income
Tax Act, 1961, the relevant date is the date on which the...
Reopening of Completed Income Tax Assessments under Section 147: Supreme Court on Change of Opinion and Full Disclosure (M/S MANGALAM PUBLICATIONS,KOTTAYAM VS COMMISSIONER OF INCOME TAX)
The
Supreme Court of India, in M/s Mangalam Publications, Kottayam v.
Commissioner of Income Tax, Kottayam (2024 INSC 53), examined the legality
of reopening completed assessments under Section 147 of the Income Tax A...
Whether Transfer of Development Rights Is Stock-in-Trade or Capital Asset Requires Examination of Multiple Factors: Supreme Court in Commissioner of Income Tax v. Glowshine Builders & Developers Pvt. Ltd.
The Supreme Court considered whether the transfer of
development rights in land by the assessee was to be treated as a transfer of
stock-in-trade resulting in business income or as a transfer of a capital asset
giving...
Clarification on Reassessment After Search Requires Review, Not Miscellaneous Application: Supreme Court in Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell Pvt. Ltd.
The Supreme Court considered a Miscellaneous Application
filed by the Revenue seeking clarification regarding the scope of reassessment
proceedings under Sections 147 and 148 of the Income Tax Act, 1961, read with
Sec...
Bitumen Cannot Be Treated as “Other Valuable Article” Under Section 69A Where Transporter Is Merely a Carrier: Supreme Court in M/s D.N. Singh v. Commissioner of Income Tax, Central, Patna & Anr.
The Supreme Court examined the scope and applicability of
Section 69A of the Income Tax Act, 1961, in the context of alleged short
delivery of bitumen by a transporter engaged as a carriage contractor. The
principal i...