SC

SC: Restores SIN Oceanic's case to AAR, sets aside NetApp's Delhi HC order 

SC restores SIN Oceanic ASA’s case to AAR on issue of whether filing of ROI will attract bar u/s 245R(2) to admit AAR application; Matter restored in light of recent

Jan 30,2014

SC: Dismisses Revenue SLP; Genuine share transaction from disclosed funds not unexplained investment 

SC dismisses Revenue SLP against Bombay HC ruling; Bombay HC upheld ITAT’s order that purchase of shares by assessee was out of disclosed funds and sale of shares was also

Jan 30,2014

SC: Dismisses Revenue SLP; Disputed amounts pending adjudication in arbitration not "income" 

SC dismisses Revenue appeal against Andhra Pradesh (‘AP’) HC judgment; AP HC had upheld ITAT order and ruled that disputed amounts pending adjudication in arbitration would not constitute “income”; Unless

Jan 29,2014

SC: SC lays down law on 'recording' & 'communication' of reasons by authorities 

No universal principle that when statute requires some reasons to be recorded before initiating action, reasons must necessarily be communicated; SC rules on foreign exchange violation & smuggling case by

Jan 22,2014

SC: Quashes HC discharge of Ministers; Tax payment alone can't decide asset ownership 

Supreme Court sets aside Madras High Court ruling discharging Ministers in criminal case involving disproportionate assets; Madras HC ruled that prosecution had committed an error by adding income of relatives

Jan 08,2014

SC: Dismisses Revenue's SLP; HC interpreted scheduled tribe member's permanent residence u/s 10(26) 

Supreme Court dismisses Revenue’s SLP against Gauhati HC’s directions; HC held that member of Scheduled Tribe entitled to Sec 10(26) exemption only if their respective tribe has also been notified

Jan 08,2014

SC: Dismisses Revenue’s SLP; HC held export-loss reimbursements taxable on receipt basis 

SC dismisses Revenue’s SLP against Delhi HC’s decision, but leaves question of law open; HC upholds ITAT’s order that export loss reimbursements received by assessee (sugar exporter) to be taxed

Jan 08,2014

SC: Dismisses Revenue's SLP; Search-warrant in joint names makes block-assessment invalid 

SC dismisses Revenue’s SLP against Allahabad HC’s decision; Allahabad HC upheld ITAT’s order that where search warrant was issued in joint names, assessee cannot be assessed in her individual capacity

Jan 03,2014

SC: Dismisses SLP on assessment jurisdiction change u/s 127 for effective & coordinated investigation 

SC dismisses assessee's SLP against Gujarat HC ruling on change in assessment jurisdiction u/s 127; HC upheld Commissioner's order on transfer of assessments of petitioners (belonging to same family or

Dec 27,2013

SC: Unfettered powers to HC to frame additional questions of law during hearing 

Though Sec. 260A(4) states that appeal can be heard only on questions of law formulated by HC, proviso to Sec. 260A(4) gives HC the power to hear appeal on additional

Dec 18,2013

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