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Supreme Court's Order for M/S Tirumala Constructions

SC: State-Made Modifications to VAT Are Invalid After GST Implementation

A Division Bench of the Supreme Court recently rendered a significant decision on appeals arising from judgments of the Telangana, Gujarat, and Bombay High Courts. These appeals concerned the validity of the VAT Amendment Act in their respective states, particularly in the context of Section 19 of the Constitution (101st Amendment) Act of 2016. This […]

Supreme Court's Order for M/s Shapoorji Pallonji and Company Pvt. Ltd.

SC: Certain Services to IIT and the National Institutes of Technology Are Exempt from Service Tax

In a noteworthy ruling, the Supreme Court has determined that the Indian Institute of Technology and the National Institute of Technology will fall within the purview of the Mega Service Tax Exemption Notification originally issued by the Department of Revenue in 2012 (subsequently amended and clarified by following notification in 2014). The case centred around […]

Physical Movement of Goods Necessary for Claiming ITC

SC: Physical Goods’ Movement Necessary for Claiming ITC with Tax Invoices

It’s terrible news for the sector since the Supreme Court ruled that simply producing an invoice and a check payment is inadequate to claim ITC (Input Tax Credit). Analysts believe despite this order is concerned with problems under Value Added Tax (VAT) regime, but is likely to have an influence on GST also. The Assessing […]

SC's Order for M/S Godrej Sara Lee Ltd

SC: Tax Officials Should Follow Decisions of Higher Authorities with Discipline

The Supreme Court has stated that judgments taken by higher authorities should be followed in order to prevent complete anarchy in the administration of tax legislation. It was stated that failure to abide by the rulings of higher authorities would also result in excessive harassment of assessees. The Bench of Justice S. Ravindra Bhat and […]

SC's Order in the Case of Singapore Airlines Ltd. Vs CIT

SC: Extra Commission Eligible for TDS Deduction Under 194H By Airlines

The Supreme Court held that Section 194H of the Income Tax Act, for the case of Supplementary Commission amounts made via the travel agent, and hence the Airlines would obligate to deduct TDS on the same concern. The bench consisting of Justices Surya Kant and MM Sundresh sustained the Delhi High Court judgment and overruled […]

SC's Order in Case of Kiran Tomar vs State of Uttar Pradesh

SC: ITR Not a Funnel to Justify Actual Earning of Parties in Case of Matrimonial Conflict

The income tax returns might not be an effective guide to the real income of the parties who have been involved in the matrimonial dispute seen by the Apex court. Family Court needed to decide the real income on a holistic assessment of the proof before it, the bench of Justices DY Chandrachud and Hima […]

Tax Exemptions for Educational Trusts

SC: Tax Exemptions cannot be Claimed by Educational Trusts for Profit

Apex court, under the income tax act, if the educational trusts or societies make a profit then the same shall not be entitled to claim for the exemption. The bench of Chief Justice of India UU Lalit, Justices S Ravindra Bhat, and PS Narasimha mentioned that these educational trusts or societies must only be related […]

SC's Order for Hero Motocorp & Sun Pharma Laboratories Ltd

SC: Govt Not Obligated to Run Old Exemption Policies After GST Act

The Apex court, post to the enactment of the Central Goods and Services Tax Act in 2017, the centre was not being restricted to carrying on with its pre-existing 100% outright excise duty exemption policy of 2003 for publicizing the activities of industries in some of the states like Uttarakhand and Sikkim where it is […]

SC's Order for Filco Trade Centre Pvt. Ltd. and Anr.

SC: Authority to Open GST Portal 2-Months for Credit by TRAN-1/ 2 Forms

In an exemption to various taxpayers who have missed the statutory last date, the Supreme Court has mandated the Goods and Services Tax Network (GSTN) to permit a 2-month additional window from September 1, 2022, to October 31, 2022, to claim the transitional credit. GST TRAN-1 form and TRAN forms were drawn to permit the […]

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