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Bombay High Court Allows Small Scale Industries' Challenge to Cancellation of Incentive Orders Under Package Scheme of Incentives, 2001. Communications cancelling sanctioned additional capital incentives held bad in law as they were issued without notice and contrary to scheme provisions.

The petitioners, M/s J.S. Cotton Industries and M/s Tiranga Pulses, were small scale industrial units engaged in manufacturing dal and cotton. They re...

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Supreme Court Allows Revenue's Appeal in Income Tax Case — Upholds Addition Under Section 68 for Unexplained Share Capital. Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investor Companies Despite Receiving Share Premium at Rs. 190 per Share.

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

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Supreme Court Dismisses Assessee in Income Tax Matter as Loss from Share Sale Not Arising in Ordinary Course of Business. Assessee Purchased Shares at Above Market Price as Part of Scheme for Acquisition of Managing Agency, Making Transaction Extraordinary.

The assessee, Star Company Limited, was a public limited company engaged in the business of dealing in shares and securities. During the assessment ye...

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Supreme Court Dismisses Appeal Against SEBI Order Declaring Art Funds as Collective Investment Schemes. Trusts managing pooled investments in art works held to be Collective Investment Schemes under SEBI Act, 1992, despite being structured as trusts rather than companies.

The Supreme Court dismissed Civil Appeal No. 19936 of 2017 challenging the order of the Securities Appellate Tribunal which had upheld SEBI's directio...

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Supreme Court Allows Assessees in Interest Tax Act Case on Hire-Purchase Instalments. Hire-purchase agreements are distinct from loans, and interest component in instalments is not taxable under Section 2(7) of the Interest-Tax Act, 1974, as it does not constitute interest on loans and advances.

The dispute involved a batch of civil appeals concerning the tax liability of non-banking finance and leasing companies under the Interest-Tax Act, 19...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Capital Gains from Sale of Agricultural Land Held Not Taxable. Land Used for Agriculture and Not Within Urban Limits Under Section 2(14)(iii) of Income Tax Act, 1961.

The case involves appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Trib...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...