Facts:
PILCOM, a committee formed by Cricket Control Boards/Associations of Pakistan, India, and Sri Lanka for conducting the World Cup tournament in 1996, made payments to ICC and various Cricket Control Boards/Associations of member countries from its London Bank Accounts. The Income Tax Officer issued a show cause notice under Section 194E of the Income Tax Act, 1961, questioning whether in...
Facts:
The case pertains to the interpretation of Sections 143(1) and 143(2) of the Income Tax Act, 1961. The appellant, Vodafone Idea Ltd., filed a return of income for Assessment Year (AY) 2017-18. Subsequently, a notice was issued under Section 143(2) of the Act, initiating proceedings for scrutiny assessment.
Issues:
The distinction between the exercise of power under S...
Facts:
The case involves the supply of pipes and measurement equipment (SKID equipment) by the respondent (M/S. Adani Gas Ltd.) to its industrial, commercial, and domestic consumers under the head of 'gas connection charges'. The respondent considered this supply as a service related to 'tangible goods' for the consumers' use without transferring the right of possession and...
The respondent, a company incorporated in the UAE, provided remittance services and established liaison offices in India. These offices were primarily engaged in downloading remittance information and printing cheques/drafts for delivery to beneficiaries in India based on instructions from NRI remitters. The RBI granted permission for these offices to engage in specific activities.
Is...
Facts:
The case involves a challenge to the constitutional validity of Section 43B(f) of the Income Tax Act, 1961, as inserted by the Finance Act, 2001. The provision pertains to the deduction for liability under the leave encashment scheme.
Issues:
Whether the newly inserted Clause (f) to Section 43B of the Income Tax Act, 1961, is constitutionally valid?
Whether the absence ...
FACTS:
Yum! Restaurants (Marketing) Private Limited (YRMPL), a fully-owned subsidiary of Yum! Restaurants (India) Private Limited (YRIPL), was incorporated to undertake Advertising, Marketing, and Promotion (AMP) activities for YRIPL and its franchisees. YRMPL received contributions from both members (franchisees) and non-members (Pepsi Foods Ltd.). YRMPL claimed tax exemption based on the doct...
Facts:
The case involves the respondent, M/S. Bombay Machinery Store, and the issue revolves around the movement of goods, delivery, and taxation under the Central Sales Tax Act, 1956. Goods were delivered to a carrier for transmission, and circulars by the Tax Administration of the State imposed a timeframe for delivery to determine the applicability of exemptions.
Issues:
W...
Sales Tax – Applicability on Bonded Warehouses – Appellants argued that sales of imported goods stored in bonded warehouses and sold to foreign-bound ships should not be subject to sales tax as they are in the course of import – Supreme Court held that such sales, occurring after goods are unloaded and kept in bonded warehouses on West Bengal's landmass, are not in the course...
Taxation Law - Bad Debts Write-Off – Section 36(1)(vii) vs. Provision for Bad Debts – Section 36(1)(viia) – Separate and Independent Deductions Allowed – The appellant claimed deductions under both Section 36(1)(vii) for actual bad debts written off and Section 36(1)(viia) for provisions for bad debts, arguing that both provisions are independent – Court held: The ded...
Insolvency Proceedings – Effect of Resolution Plan on Statutory Dues – The petitioner company underwent insolvency proceedings under the Insolvency and Bankruptcy Code, and a resolution plan was approved by the NCLT, Mumbai Bench – The plan provided for payment of all dues of creditors, including state dues – The petitioner contended that the resolution plan extinguished al...