SC

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

SC: Interest u/s 132B on seized cash available for pre-assessment period 

Assessee entitled to interest on refund of seized cash on pre-assessment period u/s 132B (4)(b); Rejects Revenue’s submission that refund of excess amount was governed by Sec. 240 of the

Dec 05,2013

SC: Information enquiry u/s 133(6) valid even if no proceedings pending 

Notice u/s 133(6) making general enquiry, issued with prior approval of Commissioner, valid even if no proceedings pending against assessee; Insertion of word ‘enquiry’ before the word ‘proceeding’ in Sec.

Nov 13,2013

SC: Confirms penalty; Holds “voluntary disclosure”, “amicable settlement” as irrelevant plea 

Concealment penalty initiation by Revenue upheld, though income disclosure voluntary; Statute does not recognize defences like ‘avoiding litigation’ and ‘buying peace of mind’ under Explanation 1 to Sec 271(1)(c); AO

Oct 31,2013

SC: Dismisses review petition, Rejects 'retraction' of voluntarily surrendered income 

SC dismisses review petition in Bhagirath Aggarwal case; Review petition filed against SC order dismissing SLP by assessee against Delhi HC ruling; Delhi HC upheld ITAT ruling against assessee, wherein

Oct 30,2013

SC: Dismisses Himatsingka appeal on unabsorbed depreciation set-off against other income u/s 10B 

SC dismisses Himatsingka Seide Ltd's appeal against adverse Karnataka HC ruling; SC observes the appeal to be devoid of any merit; Karnataka HC had denied adjustment of un-absorbed depreciation of

Oct 11,2013

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