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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Page 6 of about 263,973 results (0.663 seconds)

Oct 04 2018 (SC)

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

..... said: the test is not whether they have actually acted in concert but whether the circumstances are such that human experience tells us that it can safely be taken that they must be ..... . the reader who wishes to pursue the subject is referred to the many standard text books on corporation tax, income tax, capital gains tax and capital transfer tax. the other inroads on the principle of separate corporate personality have been made by two sections of the companies act, 1948, by judicial disregard of the principle where the protection of public interest is of paramount importance, ..... that they must be acting together: evidence of actual concerted acting is normally difficult to obtain, and is not insisted upon [cit v. east coast commercial co. ltd., (1967) 1 scr821. (scr p. 829 h) 55. while deciding whether a company was one in which the public were substantially interested within the meaning of section 23-a of the income tax act, 1922 this court ..... from the standpoint of reality and substance" and in violation of section 4c(a)(1) and (2) (a) of the act. in re goldwurm, 7 agric. dec. 265, 275 (providing that cotton futures trades entered for purpose of accomplishing income tax reporting goals were "fictitious from the standpoint of reality and substance"). further, respondents' trades caused prices to be reported to or .....

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Oct 01 2018 (SC)

Rajasthan Cylinders and Containers Limited Vs. u.o.i and Anr

Court : Supreme Court of India

..... said: the test is not whether they have actually acted in concert but whether the circumstances are such that human experience tells us that it can safely be taken that they must be ..... that they must be acting together: evidence of actual concerted acting is normally difficult to obtain, and is not insisted upon [cit v. east coast commercial co. ltd., (1967) 1 scr821: air1967sc768 . (scr p. 829 h) 55. while deciding whether a company was one in which the public were substantially interested within the meaning of section 23-a of the income tax act, 1922 this court ..... any dealings have some form of understanding and are acting in cooperation with each other. [guinness plc and distillers company plc (panel hearing on 25-8-1987 and 2-9-1987 at p. 10052 reasons for decisions of the panel.)].80) we would also like to reproduce the following discussion in commissioner of income tax, bombay city i, bombay vs. jubilee mills ltd ..... ., bombay14: 19. at the hearing a point was raised that it has to be proved as a fact that the persons constituting the group which owns shares carrying more than seventy-five per cent of the voting power, were acting in unison. the test is not .....

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Sep 28 2018 (SC)

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

..... placed before us viz. the memorandum of association of the society, the several applications made by the society claiming exemption under section 35 and section 80 of the income tax act, the repeated utterings of sri aurobindo and the mother that the society and auroville were not religious institutions and host of other documents there is no room for doubt ..... secunderabad116 a two judge bench of this court considered whether sanitary and pipeline fittings would fall within the definition of plant under section 10(5) of the income tax act, 1922. section 10(5) of the act provided inter alia that in section 10(2) the word plant includes vehicles, books, scientific apparatus and surgical equipment purchased for the purpose of the ..... mittal (supra), the majority judgment did not hold, and therefore, assumed that ?aurobindoism? was a religious denomination, given the fact that the auroville foundation society claimed exemption from income tax on 69 the footing that it was a charitable, and not a religious organization, and held itself out to be a non-religious organization. also, the powerful argument addressed, ..... aurobindo himself disclaimed that he was 40 founding a new religion and that the society had represented itself as a ?non-political, non-religious organization? and claimed exemption from income tax on the ground that it was engaged in educational, cultural, and scientific research.15. we then come to acharya jagdishwaranand avadhuta and ors. v. commissioner of police, calcutta .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... legitimate state interest , the provision satisfies both the tests. we agree with his submission, as section 139aa of the income tax act, 1961 seeks to safeguard the following interest: to prevent income tax evasion by requiring, through an amendment to the income tax act, that the aadhaar number be linked with the pan. 419) the mandatory requirement of quoting/producing pan number is given ..... general relies on following interest, which according to him are safeguarded by section 139 aa to satisfy the legitimate state interest: a. to prevent income tax evasion by requiring, through an amendment to the income tax act, that the aadhaar number be linked with the pan; and b. prevention, accumulation, circulation and use of black money and money laundering by ..... h.i harmonising conflicting rights proportionality standard in indian jurisprudence comparative jurisprudence aadhaar: the proportionality analysis dignity and financial exclusion constitutional validity of section 139aa of the income tax act 1961 linking of sim cards and aadhaar numbers h.2 h.3 h.4 h.5 h.6 h.7 money laundering rules savings in section 59 rule ..... (viii) specifically, actions on part of the government mandating linking of mobile phones and aadhaar vide dot circular dated march 23, 2017. (ix) section 139aa of the income tax act, 1961 insofar as it violates article 21 by mandating linking aadhaar to pan and requiring aadhaar linkage for filing returns.60) apart from the declaratory reliefs regarding ultra vires .....

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Aug 20 2018 (SC)

Commissioner of Income Tax Vs. M/S Classic Binding Industries

Court : Supreme Court of India

..... of 2018 judgment a.k.sikri, j.a neat question of law which arises in these appeals revolve around section 80-ic of the income tax act, 1961 (hereinafter referred to as the act ). the high court by its impugned judgment dated 28th november, 2017 has discussed various aspects and nuances of the aforesaid provisions which had ..... had carried substantial expansion in its unit.21. we are conscious of our recent judgment rendered by this very bench in mahabir industries v. principal commissioner of income tax (civil appeal nos. 4765-4766 of 2018 decided on may 18, 2018). however, a fine distinction needs to be noted between the two sets of cases ..... assessee firm on 28th september, 2012. the case was selected from scrutiny through cas and accordingly, statutory notices under section 143(2)/142(1) were issued by income tax office (ito) ward-i, solan. civil appeal no.7208 of2018& ors. page 7 of 17 7. the assessee was asked to furnish the reasons and ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no(s). 7208 of 2018 commissioner of income tax .....appellant(s) versus m/s. classic binding industries .....respondent(s) with civil appeal no(s). 7223 of 2018 civil appeal no(s). 7220 ..... whether an assessee who sets up a new industry of a kind mentioned in sub-section (2) of section 80-ic of the act and starts availing exemption of 100 per cent tax under sub-section (3) of section 80-ic (which is admissible for five years) can start claiming the exemption at the same .....

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Jul 09 2018 (SC)

Union of India Vs. Moolchand Khairati Ram Trust

Court : Supreme Court of India

..... inclined to agree with mr. b. sen, learned counsel for the delhi municipal corporation in would necessarily involve public benefit. the rulings arising out of income tax act 78. may not be of great help because in the income tax act "charitable purpose" includes the relief of the poor, relief and the advancement of any other object of general public utility. the advancement of any ..... the poor relations of the settlor or donor will not be a charitable purpose within the definition. trustees of gordhandas govindram family charity trust v. commissioner of income tax, air1952bom 346. [s. 4(3)(i) income tax act 1992]. charitable purpose' the dominant purpose of a state bar council is to ensure quality service of competent lawyers to the litigating public, a spread 39 ..... of the trust never intended that free treatment should be provided to the poor and needy. reliance has been placed on the 28 definition of charity in charitable endowment act, 1890 and income tax act, 1961. the policy decision taken in 1949, did not envisage free treatment to the patients. in the allotment letter, there was no such condition that free treatment ..... created the trust, never intended that free treatment should be provided to the poor and needy. reliance has been placed on the definition of charity in charitable endowment act, 1890 and income tax act, 1961 and the land had been allotted to the trust as per the directions issued by the ministry of rehabilitation as the trustees came to india as refugees from .....

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Jul 03 2018 (SC)

Chintpurni Medical College and Hospital Vs. The State of Punjab

Court : Supreme Court of India

..... enjoined to perform a quasi judicial function such as that of grant of registration to a political party or issue a certificate under the income tax act, section 21 has no application and confers no power to review such an act because the party has violated a provision of the constitution of law, vide indian national congress (i) vs. institute of social ..... to withdraw the same has been so conferred. such a power cannot be arrogated relying on section 21 of the general clauses act. a similar question arose in industrial infrastructure 30. development case (supra) where the commissioner of income tax cancelled a registration certificate because it contained an error apparent from the record. this court held that the certificate was issued ..... welfare10 and industrial 10 (2002) 5 scc68519 infrastructure development corporation (gwalior) m.p. ltd. vs. commissioner of income tax, gwalior11. in the indian national congress (i) case (supra), ..... this court 26. held that where the law requires that an authority before arriving at a decision must make an enquiry, such a requirement of law makes the authority a quasi judicial authority. also when the authority is required to act according to rules and not .....

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Jul 02 2018 (SC)

M/S New Okhla Industrial Development Authority Vs. Commissioner Income ...

Court : Supreme Court of India

..... lease premium annually as per the terms and conditions of the lease deed. notice under section 201/201(a) of the income tax act, 1961 was issued by the income tax department inquiring regarding non deduction of tax at source under section 194 i of the income tax act from the annual lease rent paid to greater noida. the respondent company replied the notices. the respondents case was that ..... the records. 11 11. insofar as the appeals filed by noida/greater noida are concerned, the principal submission raised by the appellant is applicability of section 10(20) of the income tax act. learned counsel for the noida has submitted that the said issue has already been addressed in detail in civil appeal no.792 793 of 2014. by our judgment of the ..... .10.2016 wherein it has been clarified that provision of section 194 i of the income tax act, 1961 on lump sum lease premium paid for acquisition of long term lands is not applicable.7. it is further submitted that the question as to whether noida/greater noida ..... said notification both greater noida and noida are municipalities and are covered by the local authorities as explained under the explanation to section 10(20) of the income tax act. it is further contended that interest income of the authorities is exempted under the notification issued under section 194a(3)(iii)(f). further reliance has been placed on circular no.35/2016 dated 13 .....

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Jul 02 2018 (SC)

Common Cause (A Regd. Society) Vs. Union of India .

Court : Supreme Court of India

..... sanction from the commissioners of income tax concerned (sec. 279 of the income tax act). the answering respondent further submitted that these are quasi judicial functions to be exercised by the empowered officers and the cbdt only provides necessary guidance ..... the matter was to be decided as per law the assessing officer came to the conclusion that there was no case for addition and passed an order under the income tax act with the approval of the additional commissioner. in a meeting held on 22.3.2014, dcit (assessing officer), the additional commissioner and chief commissioner apprised respondent no. ..... a direction to the assessing officer to dispose of the case in a particular manner which could not have been done in view of section 119 of the income tax act and judgment of this court. the cbdt had no jurisdiction to instruct the assessing officer to dispose of a case in a particular manner.74. on behalf ..... foreign jurisdictions, local inquiries which took considerable time and ultimately all the assessments have been completed by the assessing officers concerned within the statutory time allowed under the income tax act. after that, the assessing officers started initiating prosecution proceedings in appropriate cases. prosecution proceedings are to be initiated by assessing officers concerned across the country with necessary .....

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Jul 02 2018 (SC)

New Okhla Industrial Development Authority Vs. Chief Commissioner of I ...

Court : Supreme Court of India

..... challenged the division bench judgment of allahabad high court dated 28.02.2011 dismissing the writ petition filled by the appellant challenging the notices issued by the income tax authority under section 142 of the income tax act, 1961 as well as the judgment dated 04.11.2011 rejecting the review application.2. the facts giving rise to these appeals are: the appellant-new okhla ..... following in paragraph 13: 13. applying the above test to the facts of the present case it is clear that the benefit, conferred by section 10(20-a) of the income tax act, 1961 on the assessee herein, has been expressly taken away. moreover, the explanation added to section 10(20) 44 enumerates the local authorities which do not cover the assessee herein ..... held in paragraph 13: 13. applying the above test to the facts of the present case it is clear that the benefit, conferred by section 10(20-a) of the income tax act, 1961 on the assessee herein, has been expressly taken away. moreover, the explanation added to section 10(20) enumerates the local authorities which do not cover the assessee herein. therefore ..... . the appellant challenging the said notices filed writ petition contending that appellant is a local authority, hence, is exempted from payment of income tax under section 10(20) and section 10(20a) of income tax act, 1961 (hereinafter referred to as i.t.act, 1961). the writ petition was allowed by the division bench of the allahabad high court on 14.02.2000 holding that the .....

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