Search Results for "past tax demands"

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Search Results for "past tax demands"

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Supreme Court

"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

25 Jul 2024

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

Supreme Court

Supreme Court Applies Prospective Overruling in Mineral Tax Case to Avoid Financial Hardship and Protect Past Transactions. The court held that the judgment overruling India Cement Ltd. v. State of Tamil Nadu shall operate prospectively from 25 July 2024, and no new tax demands shall be made for the period prior to that date.

25 Jul 2024

This judgment addresses the question of whether the nine-Judge Bench decision in Mineral Area Development Authority v. Steel Authority of India (MADA)...

Supreme Court

Supreme Court Decides Tax Deduction at Source Liability for Cellular Mobile Service Providers Under Income Tax Act, 1961 - The Court clarified that obligation under Section 194-H requires principal-agent relationship between payer and payee as per Section 182 of Contract Act, 1872, and payments must be for services in buying/selling goods or asset transactions, not being securities.

28 Feb 2024

The Supreme Court delivered a common judgment addressing appeals by the Revenue and assessees, who were cellular mobile telephone service providers, c...

High Court

Bombay High Court Allows Writ Petition Challenging CBDT Circular Denying Adjustment of TDS Against Tax Payable Under Voluntary Disclosure Scheme. Circular No. 755 dated 25-07-1997 Held Ultra Vires as It Imposed Restriction Not Found in Finance Act, 1997 or Income Tax Act, 1961.

10 Mar 2017

The petitioner, Earnest Business Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, and its director, filed a writ petition und...

High Court

Bombay High Court Sanctions Scheme of Arrangement Involving Gift of Shares and Reduction of Securities Premium Account. The court held that a scheme involving a gift of shares held by a company in another company to its shareholders and a reduction of the securities premium account by the book value of the investment is an arrangement under Section 391(1) of the Companies Act, 1956, and the reduction of the securities premium account does not require compliance with the procedure for reduction of share capital under Sections 100-104 of the Companies Act, 1956 or Section 52 of the Companies Act, 2013.

15 Sep 2015

The petitioner, Indian Seamless Enterprises Limited, filed a petition under Sections 391 to 394 of the Companies Act, 1956 seeking sanction of a schem...

High Court

Bombay High Court Allows Writ Petition Against Rejection of Nil Withholding Certificate Under Section 195(3) of Income Tax Act — Past Tax Demands Not Valid Ground for Refusal. The court held that past tax demands for earlier assessment years cannot be a valid reason to reject an application under Section 195(3) for a subsequent year, as the provision is meant to determine the appropriate proportion of tax to be deducted at source on current payments.

13 Apr 2010

The petitioner, Mckinsey & Company Inc., a non-resident company incorporated in the USA with branches in India, filed an application under Section 195...

High Court

Bombay High Court Quashes Tax Demand Against Manufacturer for Vehicles Used Within Factory Premises — Motor Vehicles Taxation Act Does Not Apply to Vehicles Not Used on Public Roads. The court held that vehicles used solely within factory premises are not 'used in a public place' under Section 3 of the Motor Vehicles Taxation Act, 1958, and demand notices issued without jurisdiction and barred by limitation are illegal.

11 Mar 2010

The petitioner, Tata Motors Limited, a company registered under the Indian Companies Act, 1913, is engaged in the manufacture and sale of commercial v...

High Court

Bombay High Court Dismisses Petition Seeking Declaration of Settlement Discharge in Sales Tax Dues. Settlement Not Binding on Tax Authorities Without Formal Acceptance Under Bombay Sales Tax Act, 1959.

3 Feb 2006

The petitioner, Pradip Nanjee Gala, as Karta of a Hindu Undivided Family, filed a writ petition seeking a declaration that a settlement arrived at wit...

High Court

Bombay High Court Upholds Constitutional Validity of Time Limit for Availing Input Tax Credit Under Section 16(4) of CGST Act. The court held that the time limit is mandatory and not directory, and retrospective amendments are valid.

30 Nov -0001

The Bombay High Court, in a batch of writ petitions, addressed the constitutional validity and interpretation of Section 16(4) of the Central Goods an...

High Court

Bombay High Court Dismisses Petitions Challenging Sales Tax Incentive Scheme Withdrawal — No Promissory Estoppel Against Policy Change in Public Interest. The court held that the withdrawal of a general sales tax incentive scheme by the State Government was valid and not violative of promissory estoppel or legitimate expectation.

30 Nov -0001

The judgment involves three writ petitions filed by industrial units (M/s. Vidarbha Winding Wires Ltd., M/s. Chandrapur Vidyut Conductors Private Ltd....

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