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Vineeta Sharma vs. Rakesh Sharma (Supreme Court) (Larger Bench)
Supreme Court: (i) S. 6 of the Hindu Succession Act, 1956 confers status of coparcener on daughters born before or after amendment in the same manner as son with the same rights and liabilities, (ii) The rights can be claimed by the daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as… Read More ...
Karmic Labs Pvt. Ltd vs. ITO (ITAT Mumbai)
ITAT Mumbai: S. 56(2)(viib)/ Rule 11UA: The assessee has the choice to choose a prescribed method for ascertaining the market value of the shares transferred. If the assessee has chosen one method of valuation provided under Rule 11UA (i.e. DCF method), the AO has no power or jurisdiction to change that method to another method (All imp… Read More ...
Ravinder Kaur Grewal vs. Manjit Kaur (Supreme Court)
Supreme Court: The settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind… Read More ...
Shree Choudhary Transport Co vs. ITO (Supreme Court)
Supreme Court: (i) Disallowance u/s 40(a)(ia), 40A(3) etc are intended to enforce due compliance of the requirement of other provisions of the Act and to ensure proper collection of tax as also transparency in dealings. The interest of a bonafide assessee who had made the deduction as required and had paid the same to the revenue is… Read More ...
Medley Pharmaceuticals Ltd vs. CIT (ITAT Mumbai)
ITAT Mumbai: The disallowance under the Explanation to 37(1) of "freebies" to doctors by relying on CBDT Circular No. 5 dated 01.08.2012 & the IMC (Professional Conduct, Etiquettes & Ethics) Regulation, 2002 is not justified. The code of conduct prescribed by the Medical Council is applicable only to medical practitioners/ doctors registered with the MCI and does… Read More ...
Nawal Kishore Soni vs. ACIT (ITAT Jaipur)
ITAT Jaipur: S. 68 r.w.s. 115BBE: It is evident from entries found in cash book and from statement recorded from assessee in course of survey that assessee purchased gold in period of demonetization which was obviously for sale to persons on receiving cash from them as the same is normal practice of gold trade. The gold purchased… Read More ...
Raj Pal Singh vs. CIT (Supreme Court)
Supreme Court: S. 45 Capital Gains: In matters relating to compulsory acquisition of land under the Act of 1894, completion of transfer with vesting of land in the Government essentially correlates with taking over of possession of the land under acquisition by the Government. However, where possession is taken over before arriving of the relevant stage for… Read More ...
National Co-operative Development Corporation vs. CIT (Supreme Court)
Supreme Court: (i) To decide whether a particular source is business income, one has to look to the notions of what is the business activity. The activity must have a set purpose. The fact that the assessee does not carry on business activity for profit motive is not material as profit making is not an essential ingredient… Read More ...
Vodafone International Holdings BV (The Netherlands) v. India
Permanent Court of Arbitration: Vodafone International Holdings BV had invoked Clause 9 of the Bilateral Investment Treaty (BIT) signed between India and the Netherlands to challenge the retrospective amendment to tax capital gains of Rs 22,100 crore. In a unanimous decision, the Permanent Court of Arbitration at The Hague has held that the retrospective demand was “in breach of… Read More ...