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taxation

Case BriefsSupreme Court

Explained| Can services rendered by a “Consulting Engineer” prior to 2005 Amendment to the Finance Act be subjected to service tax?

Supreme Court settled the issue of whether “body corporate” is excluded from the definition of “consulting engineer” under Section 65(31) of the Finance Act, 1994 prior to the amendment in 2005.

Published on July 13, 2022July 14, 2022By Prachi Bhardwaj
3 Comments2110 views
Karnataka High Court
Case BriefsHigh Courts

Whether on coming into force of GST Act a Municipal Corporation can levy advertisement tax/fee? Kar HC analyses

Karnataka High Court: Suraj Govindaraj, J. dismissed the petition as being devoid of merits. The facts of the case are such that

Published on May 30, 2022May 30, 2022By Editor_4
Leave a comment2425 views
Case BriefsSupreme Court

IGST on Ocean Freight for imports unconstitutional; Won’t create a level playing field but will drive Indian shipping lines out of business: Supreme Court 

Supreme Court: In the case where the constitutionality of two Central Government notifications related to levy of Integrated Goods and Services Tax

Published on May 21, 2022May 27, 2022By Prachi Bhardwaj
Leave a comment3479 views
Legal RoundUpWatch Now

Weekly Rewind Ep. 59| Anganwadi workers; Absorption of temporary LIC employees; Ban on two finger test; Amendment to Income Tax Act and more

TOP STORY OF THE WEEK Anganwadi Workers/Helpers entitled to payment of gratuity; ‘Time to take serious note of their plight’  In a

Published on May 6, 2022May 6, 2022By Prachi Bhardwaj
Leave a comment2930 views
Income Tax Appellate Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

Whether gift received from HUF to any member of HUF is exempt from taxable income? ITAT Explains

Income Tax Appellate Tribunal, Chandigarh (ITAT): The Coram of Sanjay Garg (Judicial Member) and Annapurna Gupta (Accountant Member) examined the issue as

Published on April 22, 2022April 28, 2022By Bhumika Indulia
1 Comment9061 views
Case BriefsHigh Courts

If an advertisement regarding scholarship was published in Urdu language, can it be presumed that it was targeted at students belonging to a particular community only? Del HC addresses

Delhi High Court: The Division Bench of Manmohan and Dinesh Kumar Sharma, JJ., expressed that just because the scholarship advertisement was published

Published on April 8, 2022April 15, 2022By Bhumika Indulia
1 Comment2274 views
Case BriefsSupreme Court

Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC

It is essential to look beyond the mere concept of destruction of corporate entity which brings to an end or terminates any assessment proceedings.

Published on April 6, 2022April 8, 2022By Prachi Bhardwaj
Leave a comment3284 views
Legal RoundUpSupreme Court Roundups

Supreme Court March 2022 Roundup: Notice to BCI on All India Bar Exam; Discrimination of women, disabled persons at workplace; POCSO and more 

  “Women are subject to a patriarchal mindset that regards them as primary caregivers and homemakers and thus, they are burdened with

Published on April 1, 2022April 2, 2022By Prachi Bhardwaj
Leave a comment3783 views
Case BriefsSupreme Court

Declaration under the Income Declaration Scheme cannot lead to non-declarant’s immunity from taxation: SC

Supreme Court: The bench of UU Lalit and S. Ravindra Bhat*, JJ has held that the declaration under the Income Declaration Scheme

Published on March 31, 2022April 1, 2022By Prachi Bhardwaj
Leave a comment3685 views
Case BriefsSupreme Court

“In a taxing statute, it is the plain language of the provision that has to be preferred”. APMCs  liable to pay service tax under the category of ‘renting of immovable property service’: SC

Supreme Court: In the instant appeals, the Market Committees located in Rajasthan raised their grievance over the decision of CESTAT that respective

Published on March 8, 2022March 11, 2022By Editor_4
Leave a comment2969 views
Legal RoundUpSupreme Court Roundups

Supreme Court February 2022 Roundup: MP Judge Sexual Harassment case; Amazon-Future-Reliance Deal; Child Trafficking testimonies through video conference and more 

“No doubt, that a Judicial Officer while discharging his/her duties, is expected to be independent, fearless, impassionate and non-impulsive. But a Judicial

Published on March 1, 2022March 14, 2022By Prachi Bhardwaj
Leave a comment3946 views
Case BriefsSupreme Court

Financier-in-possession of a motor/transport vehicle liable to pay tax under U.P. Motor Vehicles Taxation Act, 1997: SC

Supreme Court: While dealing with the scope of Section 12 of the U.P. Motor Vehicles Taxation Act, 1997, bench of MR Shah*

Published on February 23, 2022February 25, 2022By Prachi Bhardwaj
Leave a comment2751 views
Legal RoundUpSupreme Court Roundups

Supreme Court January 2022 Roundup: Probe in PM Modi’s Security Lapse; NEET UG/PG Reservation; Suspension of BJP MLAs; and more 

“Merit is not solely of one‘s own making. The rhetoric surrounding merit obscures the way in which family, schooling, fortune and a

Published on February 2, 2022February 2, 2022By Prachi Bhardwaj
Leave a comment4219 views
Case BriefsSupreme Court

Arcelor Mittal Nippon Steel India Limited to pay the purchase tax of Rs. 480 Crores as SC sets aside Gujarat HC verdict 

Supreme Court: In a major blow to Essar Steel Limited, now Arcelor Mittal Nippon Steel India Limited), the bench of MR Shah*

Published on January 28, 2022February 4, 2022By Prachi Bhardwaj
Leave a comment3260 views
Case BriefsSupreme Court

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act? 

Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the

Published on December 5, 2021December 10, 2021By Prachi Bhardwaj
Leave a comment3992 views
Case BriefsSupreme Court

Flimsy plea, feeble excuse; Here’s why Supreme Court barred Bharti Airtel from seeking GST refund of Rs. 923 crores

“The common portal is only a facilitator to feed or retrieve such information and need not be the primary source for doing self-assessment.”

Published on December 3, 2021December 3, 2021By Editor_4
Leave a comment4016 views
Case BriefsSupreme Court

Explained| Section 263 of Income Tax Act: Date of order or receipt of order – When does the limitation clock starts ticking?

Supreme Court: Interpreting Section 263(2) of the Income Tax Act, 1961, the bench of MR Shah* and AS Bopanna, JJ has held that receipt

Published on October 30, 2021November 4, 2021By Prachi Bhardwaj
Leave a comment7939 views
Case BriefsSupreme Court

Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court

Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52

Published on October 25, 2021October 29, 2021By Prachi Bhardwaj
Leave a comment3927 views
Case Briefs

Tax liability of a power generator (which also manufactures sugar) supplying electricity to a distributor, whether a Question of law or of fact? Supreme Court clarifies

Whether the State had the legislative competence to levy duty on the sale of electricity to an intermediary distributor is a question of law.

Published on October 6, 2021October 8, 2021By Editor_4
Leave a comment3206 views
Case BriefsSupreme Court

‘Parliament entitled to make policy choices on fiscal issues’;Here’s why Supreme Court upheld constitutionality of Section 54(3) of CGST Act

“A claim to refund is governed by statute. There is no constitutional entitlement to seek a refund.”

Published on September 15, 2021September 17, 2021By Prachi Bhardwaj
Leave a comment3326 views

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