Court : Supreme Court of India
..... till the date on which interest is first due after the date of purchase.5. under the income tax act, 1961 (for short, the it act ), section 18, which was repealed by the finance act, 1988, dealt with tax leviable on the interest on securities. section 19 provided for the deduction of (i) expenses in realising the interest and (ii) the interest payable on ..... securities is uniformly assessed under the head profits and gains from business or profession , the decision of this court in the case of citi bank na3 will squarely 6 (2007) 289 itr6: (2007) 15 scc6117 (1960) 39 itr114:1960. scc online sc193civil appeal no.3291 3294 of 2009, etc. page 8 of 45 apply. it was submitted that in ..... the broken period interest paid to the seller as a cost but treated it as an item of expenditure under the profit and loss account. in 2007, the cbdt issued circular no.4 of 2007, observing that a taxpayer can have two portfolios. the first can be an investment portfolio civil appeal no.3291 3294 of 2009, etc. page .....
Tag this Judgment!Court : Supreme Court of India
..... undisputedly had notice of the pending 8 litigation. at the outset, it appears pertinent to reiterate the settled position that the doctrine of lis pendens as provided under section 52 of the act does not render all transfers pendente lite to be void ab initio, it merely renders rights arising from such transfers as subservient to the rights of the parties ..... a decree holder qua a third party to the suit and the right of a third party after being dispossessed has been laid down by this court in sriram housing finance & investment (india) ltd. v. omesh mishra memorial charitable trust, (2022) 15 scc176:2022. scc online sc794 wherein it was held as follows: 24. on conjoint reading of the ..... raghuthaman filed execution first appeals viz., efa nos.6 of 1998 and 7 of 1998, which came to be dismissed by the high court, by judgment dated 30.05.2007. seeking to review the said judgment, the respondents herein, who are the legal representatives of the said raghuthaman, filed r.p.nos.1107 and 934 of .....
Tag this Judgment!Court : Supreme Court of India
..... claim after the revised return was barred by time. this court considered the appellate power of the appellate tribunal under section 254 of the it act. paragraphs 10 and 11 of the said decision in the case of wipro finance ltd1 read thus:- 10. the learned asg appearing for the department had faintly argued that since the appellant in ..... return of income are mandatory in nature.8. coming to the decision of the tribunal, we find that the tribunal has not exercised its power under section 254 of the it act to consider the claim. instead, the tribunal directed the assessing officer to consider the appellant's claim. the assessing officer had no jurisdiction to consider the ..... by the officials of the appellant. yet, the itat entertained the claim as permissible, even though for the first time before the itat, in appeal under section 254 of the 1961 act, by relying on the dictum of this court in national thermal power co. ltd. further, the itat has also expressly recorded the no objection given .....
Tag this Judgment!Court : Supreme Court of India
..... period, then the time limit for completion or compliance of such action was extended to 30 june 2021. iii. finance act 2021 10. the finance act 2021 substituted the entire scheme of reassessment under sections 147 to 151 of the income tax act with effect from 1 april 2021. page 41 of 112 part a substantial changes were brought about by the new ..... writ petitions and quashed all the reassessment notices issued between 1 april 2021 and 30 june 2021 under the old regime on the ground that: (i) sections 147 to 151 stood substituted by finance act 2021 from 1 april 2021;26 (ii) in the absence of any saving clause, the revenue could initiate reassessment proceedings after 1 april 2021 only in ..... co. ltd., 1960 scc online sc105[7].; state of w b v. kesoram industries ltd., (2004) 10 scc201[106]. 81 mahim patram (p) ltd. v. union of india, (2007) 3 scc668[25]. 82 (1975) 2 scc736[29]. page 64 of 112 part d not admissible in the interpretation of a charging or taxing provision of a taxing statute.37 .....
Tag this Judgment!Court : Supreme Court of India
..... object is that a registered person does not take advantage of both depreciation and itc.29. now we come to sub-section (4) of section 16. before the amendment made by the finance act, 2022, the sub-section read thus: 16. .. .. .. .. .. .. .. .. .. (4) a registered person shall not be entitled to take input tax credit in respect ..... which have been uploaded by the supplier under sub-section (1) of section 37 till the due date for furnishing the details under sub-section (1) of said section for the month of march, 2019. the finance act, 2022, substituted the words due date of furnishing return under section 39 for the month of september with thirtieth day of ..... are based upon the interpretation of the phrase machinery or plant under section 41 of the finance act, 1971 which was applicable and there appears no such distinction for grant of allowance on different heads as provided under section 32 of the income tax act. (7) to differentiate a building for grant of additional depreciation by .....
Tag this Judgment!Court : Supreme Court of India
..... . .. for the above reasons, we accept the contentions of the learned counsel for the appellant, and hold that section 5 of the second amendment act (act 11 of 1966), introducing section 13-a in the act, is discriminatory and violative of article 14 of the constitution and, as such, has to be struck down as unconstitutional ..... laws, life sciences and other courses under the general heads of the arts and humanities, social sciences etc.2. as the establishment of such private self financed universities requires a broadly uniform set of 11 guidelines for ensuring academic standards, prevention of commercialization and mismanagement etc., it deemed, therefore, expedient to provide for ..... charitable society, amritsar,2 (appellant no.2 herein), which was in existence since 1892, submitted a proposal to the state government for setting up a self-financing university in the state of punjab on the basis of the 2010 policy. 3.3. on 5th march 2011, the higher education department, government of punjab .....
Tag this Judgment!Court : Supreme Court of India
..... tribes act, 1871. 141 section 9, criminal tribes act, 1871. 142 section 10, criminal tribes act, 1871. 143 section 12, criminal tribes act, 1871. 144 sections 13, 14, criminal tribes act, 1871. 145 section 17, criminal tribes act, 1871. 146 section 18(ii), criminal tribes act, 1871. 147 section 18 (viii), criminal tribes act, 1871. 148 section 18 (iv), criminal tribes act, 1871. 149 section 18(v), criminal tribes act, 1871. 150 section 18(v), criminal tribes act, 1871. 151 section 18 ..... room for an objective assessment of their correctional needs. their reformation is 249 for a broader history, see michael klarman, unfinished business: racial equality in american history, oxford university press (2007). 113 part xiv stultified by the burdens of their group-identity and thereby, their presumed ability to discharge stereotypical occupational tasks. this classification bears no nexus with individual qualifications, abilities .....
Tag this Judgment!Court : Supreme Court of India
..... society and he was directed to take action under section 105 of the 1960 act and the rules framed thereunder. the final report was directed to be filed within a year to the directorate of textile industry for acceptance.5 ..... order of dissolution should not be made. thereafter, a final order dated 31st august, 2005 was passed by the additional registrar in terms of section 102 of the 1960 act read with certain government notifications referred to therein directing winding up of the society. the district collector, ahmednagar was appointed as the liquidator of the ..... in liquidating the debt having occurred, the appellant lodged a dispute case7 on 7th march, 2001 before the registrar of cooperative societies, maharashtra under section 91 of the maharashtra cooperative societies act, 19608 for recovery of 1,05,98,710/-. the dispute case stood allowed and vide an award dated 24th june, 2011, the appellant .....
Tag this Judgment!Court : Supreme Court of India
..... against the respondent for the offences punishable under section 120b of the indian penal code, 1860, and sections 13(1) and 13(1)(d) of the prevention of corruption act, 1988, alleging inter alia that the respondent, while working as the special secretary(finance), government of arunachal pradesh acted in conspiracy with other officers and committed criminal misconduct ..... completion of investigation on 25th october, 2008, whereas the dpc to consider the promotion of additional commissioners of income tax was convened on 22nd february, 14 2007, wherein the sealed cover procedure was adopted qua the respondent. it is thus clear that the charge sheet against the respondent was filed well after the meeting ..... since, the fir was lodged on 31st december, 2001 and sanction was granted on 2nd june, 2006, whereas, the dpc was convened in the month of february 2007, which is well after the lodging of fir and grant of sanction, thus, the case of respondent falls under clause(iii) of para no.2 i.e .....
Tag this Judgment!Court : Supreme Court of India
..... 47 of 67 (2021) 2 scc1: (2021) 1 scc (civ) 549]. in the context of section 8 and section 11 of the arbitration act.166. the burden of proving the existence of arbitration agreement generally lies on the party seeking to rely ..... of the respondent (srg group) ............................................................................................................ 32 e. analysis ................................................................................................. 38 i. scope of jurisdiction of the referral court under section 11(6) of the act, 1996......................................................................................................... 38 ii. whether on a prima facie view, the srg group being a non- signatory to the faa, can ..... consistently taken a view to refer the parties, including the non- signatories to arbitration in dlf ltd. v. pnb housing finance ltd. reported in (2024) scc online del 2165, moneywise financial services (p) ltd. v. dilip jain reported in .....
Tag this Judgment!