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Mar 05 2019 (SC)

Kakadia Builders Pvt Ltd Vs. Income Tax Officer Ward 1(3)

Court : Supreme Court of India

..... 19.01.1994, a search and seizure operation was carried out in the premises of the appellants (assessee) under the income tax act, 1961 (hereinafter referred to as the act ).6. during pendency of the assessment proceedings, which were initiated for determination of the tax liability as a result of search and seizure operation, the appellants on 12.03.1996 and 03.09.1996 filed ..... application under section 154 of the act before the settlement commission on 26.07.2002.9. by order dated 11.10.2002, the settlement commission dismissed the ..... certain additions and waived interest chargeable under sections 234a, 234 b and 234c of the act.8. the appellants (assessee) felt aggrieved and filed rectification applications before the settlement commission on 29.12.2000 for amending its order dated 11.08.2000. the revenue (commissioner of income tax) also felt aggrieved by the order dated 11.08.2000 and filed a rectification ..... rendered 6 on 21.10.2010 in brij lal & ors. vs. commissioner of income tax, jalandhar, (2011) 1 scc1 17. so far as the decision rendered in ghaswala (supra) is concerned, the question involved therein was whether the settlement commission constituted under section 245b of the act has the jurisdiction to reduce or waive the interest chargeable under sections 234a, 234b and .....

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Mar 01 2019 (SC)

M/S. Vijay Industries Vs. Commissioner of Income Tax

Court : Supreme Court of India

..... is a judgment of this court which affirmed the judgment of the delhi high court concerning the interpretation of the very same section 80-hh of the income tax act. the assessment years also happened to be the same assessment years as involved in these appeals.3. the question of law set out by this court ..... facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the deduction under section 80-p of the income tax act should be allowed before set-off of unabsorbed losses of earlier year?. xx xx xx 5. reference may be made at this stage to the ..... contrary to the legislative intent and with a view to setting at naught such interpretation. parliament, by section 12 of finance (no.2) act, 1980, introduced in the income tax act, 1961, section 80-aa with retrospective effect from april 1, 1968, that is, the date when section 80-m was originally enacted, ..... 2) in all these appeals issue relates to the interpretation that is to be accorded to the provisions of section 80hh of the income tax act, 1961 (hereinafter referred to as the act ). section 80hh and other related provisions, as it existed at the relevant time, are to be taken note of. since we ..... that the language of section 80-hh and section 80-m is the same is, with respect, prima facie, incorrect. conceptually, any income and profits and gains are different under the income tax act. civil appeal nos. 1581-1582 of 2005 a/w. connected matters page 17 of 22 (see section 80-m read with sections .....

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Feb 27 2019 (SC)

Commissioner of Income Tax Vs. M/S Rashtradoot (Huf)

Court : Supreme Court of India

..... the respondent's appeal, which gave rise to filing of the appeal by the revenue before the high court under section 260a of the income tax act, 1961 (hereinafter referred to as the act ).6. the high court by impugned judgment dismissed the revenue's appeal, which gave rise to filing of this appeal by way of special ..... appeal, set aside the impugned order and remand the case to the high court with a request to decide the appeal filed by the revenue (commissioner of income tax) afresh on merits in accordance with law.21. before parting, we may observe that we have not expressed any opinion on the merits of the case 9 ..... 24.05.2001 passed by the income tax appellate tribunal (itat), jaipur bench, jaipur in i.t.s.s.a. no.29/jp/2000.3. a few facts need mention infra for the disposal ..... the final judgment and order dated 25.10.2016 passed by the high court of judicature for rajasthan, bench at jaipur in d.b. income tax appeal no.43 of 2002 whereby the division bench of the high court dismissed the 1 1 appeal filed by the appellant herein and affirmed the order dated ..... in the supreme court of india civil appellate jurisdiction civil appeal no.2362 of2019(arising out of s.l.p.(c) no.20075 of 2017) commissioner of income tax i .appellant(s) versus m/s rashtradoot (huf) .respondent(s) judgment abhay manohar sapre, j.1. leave granted.2. this appeal is filed against .....

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Feb 25 2019 (SC)

Uttar Haryana Bijli Vitran Nigam Ltd.(uhbvnl) Vs. Adani Power Ltd.

Court : Supreme Court of India

..... (ii) change in respect of ui charges or frequency intervals by an appropriate commission. 8 provided that if government of india does not extend the income tax holiday for power generation projects under section 80 ia of the income tax act, upto the scheduled commercial operation date of the power station, such non-extension shall be deemed to be a change in law (applicable only ..... to withdrawal of the exemption notifications thus: 35. however, the change in rates of custom duty, excise duty, withholding tax and service tax on taxable services which have been imposed pursuant to the acts passed by the parliament shall be covered under change in law. as regards the green energy cess, it was imposed after the cut-off date and satisfied the requirements ..... tariff act, central excise act, etc. on goods imported/procured by the 2 respondent for authorized operations w.e.f. 01.04.2015. equally, vide notification dated 16.02.2016, fiscal benefits including exemption of service tax on power plants approved prior to 27.02.2009 was promulgated, as a result of which, exemption from service tax, to which the respondent was entitled, has ..... of change in law. accordingly, the petitioner shall therefore be entitled for reimbursement of custom duty, excise duty on import/procurement of any other goods and service tax on the .....

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Feb 12 2019 (SC)

Delhi Development Authority Vs. M/S. Karamdeep Finance and Investment ...

Court : Supreme Court of India

..... of the view that there was no question of claim of unearned increase by the dda. we further noticed that on purchase of the property under section 269ud of the income tax act, the income tax department has already paid unearned increase to the dda. we, thus, are of the view that high court has rightly held that dda was not entitled to raise any ..... . the application in form 37-i for sale of the said property was filed on 06.10.1988 under section 269ud of income tax act, 1961 seeking noc from the appropriate authority, income tax department. later, an order under section 269ud(1) of the income tax act, 1961 was passed by the appropriate authority for compulsory acquisition of the property at rs.76,00,000/- on 13.12 ..... rights, titles, interests, appurtenances, easements, privileges in and pertaining to the aforesaid property in favour of the vendee absolutely and forever, with the provisions of section 269ue(1) of the income tax act, 1961 and all the powers rights and interests vested in the vendor with regard to the sale, transfer and conveyances of the aforesaid property to the vendee hereto.2. that ..... making any transfer or seeking any permission from the lessor to give his consent. in the present case, the appropriate authority has exercised its power under section 269ud of the income tax act for the purchase of the property by the central government. it is by 15 exercise of statutory power that rights of lessee were purchased by central government. central government issued .....

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Feb 01 2019 (SC)

Commissioner of Income Tax (Exemptions) Kolkata Vs. Jagannath Gupta Fa ...

Court : Supreme Court of India

..... interfere with such an order passed by the high court. learned counsel has also brought to our notice the various relevant provisions in the income tax act, 1961, pleading that every donation is not exempted and the respondent- assessee has used all the donations for the purpose of promoting the objects ..... by assessee through money laundering do not come within the conceptual framework of charity vis-a-vis activity of general public utility envisaged by the income tax act as laid down in section-2(15).8. keeping in view the above, provision of section 12aa(3) is invoked and registration granted ..... jagannath gupta family trust, is a registered trust under section 12aa of the income tax act, 1961, (for short the act ) and also 1 [email protected] slp(c)no.17428/18 approved under section 80g(5)(vi) of the act vide proceedings dated 16.08.2010. the trust was created with an avowed object ..... of the trust.13. having heard the learned counsel for the parties, we have perused the order passed by the commissioner of income tax (exemptions), kolkata; the appellate-authority and the order impugned in this appeal. in the proceedings initiated for the cancellation of registration, mainly it ..... in the supreme court of india civil appellate jurisdiction civil appeal no.1381 of2019[arising out of s.l.p.(c)no.17428 of 2018]. commissioner of income tax (exemptions), kolkata ... appellant versus jagannath gupta family trust ... respondent judgment r. subhash reddy, j.1. 2. leave granted. this civil appeal .....

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Jan 25 2019 (SC)

Swiss Ribbons Pvt. Ltd. Vs. Union of India

Court : Supreme Court of India

..... in the code. in completion of insolvency 36 4. the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest ..... act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 2013 ..... at paragraph 21), p.d. aggarwal and ors. v. state of u.p. and ors., (1987) 3 scc622(at paragraph 18), and govind das and ors. v. income tax officer and anr., (1976) 1 scc906(at paragraphs 6 and 11), to argue that if a section operates on an antecedent set of facts, but affects a vested right, it ..... that is an inducement which has to be offered for unearthing black money. those who have successfully evaded taxation and concealed their income or wealth despite the stringent tax laws and the efforts of the tax department are not likely to disclose their unaccounted money without some inducement by way of immunities and exemptions and it must necessarily .....

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Jan 03 2019 (SC)

Mr. Ravi Agrawal Vs. Union of India

Court : Supreme Court of India

..... writ petition with the following prayers:"(a) issue a writ of mandamus or any other appropriate writ, order of direction to respondents no 1 to amend section 80dd of the income tax act to allow for the payment of annuity or lump sum amount to a person with disability on attaining the age of 55/58 years by the guardian/parent of disabled ..... has no personal interest in the subject matter raised in this petition which he has filed on behalf of the handicapped children. 22) section 80dd of the income tax act, 1961 (hereinafter referred to as the act ) provides for payment of annuity of lump sum amount for the benefit of a dependant, being a person with disability, in the event of the death of ..... act in case such parents/guardians of dependants with disability take insurance policies of the nature specified in this provision. purpose is to 13 encourage these parents/guardians ..... have considered the respective submissions. at the outset, it may be observed that section 80dd of the act is a provision made by the parliament under the act in order to give incentive to the persons whose dependants are persons with disability. incentive is to give such persons concessions in income tax by allowing deductions of the amount specified in section 80dd of the .....

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Oct 12 2018 (SC)

The Income Tax Officer, Vs. Urban Improvement Trust

Court : Supreme Court of India

..... 10(20) of the act. the revenue have been contending that urban improvement trust, the assessee is not a local authority within the meaning of explanation to section ..... vs. m/s. urban improvement trust, kota.4. section 10(20) has been amended by finance act, 2002 w.e.f. 01.04.2003. a notice under section 142(1) of the income tax act, 1961 (hereinafter referred to as i.t. act ) was issued dated 01.08.2005 requiring the assessee to file a return for the assessment year 2003- 2004. a reply was ..... (appeals) passed an order on 10.02.2010 holding that assessee is a local authority within the meaning of section 10(20) of the i.t. act. the revenue filed an appeal before the income tax appellate tribunal 4 (hereinafter referred to as itat ) challenging the appellate order. the itat accepted the revenue s claim that assessee is not covered within the definition ..... high court vide its above judgments has dismissed all the income tax appeals of the revenue and allowed that of assesse urban improvement trust. the division bench accepted the claim of the assessee that it is local authority within the meaning of clause (iii) of explanation to section 10(20) of the income tax act, 1961 and hence it is entitled for exemption under section .....

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Oct 11 2018 (SC)

b.k Educational Services Pvt Ltd Vs. Parag Gupta and Associates

Court : Supreme Court of India

..... would not avail the respondent in that case.15. in allied motors (p) ltd. v. cit, (1997) 3 scc472 this court took the view that the amendment made to section 43-b in the income tax act was retrospective, holding: 14. as observed by g.p. singh in his principles of statutory ..... be no rationale to exclude the extension of this principle of law to the code. 1 ravula subba rao and anr. v. the commissioner of income tax, madras, (1956) scr577 2 punjab national bank and ors. v. surendra prasad sinha air1992sc1815 3 interactive media and communication solution private limited v. ..... have taken this view not only because it appears to be more just but also because unlike labour laws and the industrial disputes act, the electricity act has no peculiar philosophy or inherent underlying reasons requiring adherence to a contrary view.31. we have taken the aforesaid view to ..... law establishes a mechanism for determining those rights and liabilities and a machinery for enforcing them. right of appeal being a substantive right always acts prospectively. it is trite law that every statute is prospective unless it is expressly or by necessary implication made to have retrospective operation. ..... with such proceedings from the stage before they are transferred. this section is also important in that it indicates that proceedings under the companies act relating to arbitration, compromise, arrangements and reconstruction and winding up of companies, that were pending 17 before the district court or the high .....

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