Landmark Cases on Other

133 decisions, ranked by how many judgments on BharatTax rely on them.

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

CIT v. Sun Engineering Works (P) Ltd.
198 ITR 297 · 1992 · Supreme Court
814
citing judgments

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

CIT v. Shoorji Vallabhdas & Co.
46 ITR 144 · 1962 · Supreme Court
539
citing judgments

Income tax is levied only on real income that actually materializes, not on hypothetical or notional income, even if accounting entries suggest otherwise. If no income results, there is no tax liability.

MALPE VISHWANATH ACHARYA AND OTHERS v. STATE OF MAHARASHTRA AND ANOTHER. 365 32
9 SCC 1 · 2018 · Supreme Court
533
citing judgments

Fiscal statutes mandate strict compliance with regulatory requirements, especially for claiming benefits or exemption clauses. The doctrine of substantial compliance applies only when mandatory requirements are fully met, even if some directory requirements are not.

Godhra Electricity Co. Ltd. v. CIT
225 ITR 746 · 1997 · Supreme Court
511
citing judgments

The principle of real income dictates that only actual income, and not hypothetical or notional income, is subject to taxation under the Income-tax Act. Income that has not genuinely accrued or been received cannot be brought to tax merely on an assumption.

CIT v. Rajendra Prasad Moody
115 ITR 519 · 1978 · Supreme Court
386
citing judgments

For deductions under Section 57(iii) relating to "Income from Other Sources," an expenditure is allowable if it is laid out wholly and exclusively for the purpose of making or earning such income, even if no income is actually earned in that previous year.

Sedco Forex International Drill. Inc. v. CIT
12 SCC 717 · 2005 · Supreme Court
285
citing judgments

A cardinal principle of tax law is that the law in force for the relevant assessment year applies unless expressly or necessarily provided otherwise. A retrospective tax provision stated to be 'for the removal of doubts' is not presumed retrospective if it alters or changes the law as it earlier stood.

State of West Bengal v. Kesoram Industries Limited
10 SCC 201 · 2004 · Supreme Court
279
citing judgments

A taxing statute must be interpreted strictly based on what is clearly expressed, without implying anything not stated or importing provisions to supply deficiencies. Equitable considerations are entirely out of place, and a person must clearly fall within the ambit of the charging section to be taxed.

Shyam Sunder v. Ram Kumar
8 SCC 24 · 2001 · Supreme Court
263
citing judgments

A statutory explanation that is clarificatory in nature applies retrospectively from the date the main provision came into force. However, if an explanation changes the law, it is not presumed to be retrospective, even if phrases like 'it is declared' or 'for the removal of doubts' are used.

CIT v. Thana Electricity Supply Ltd.
206 ITR 727 · 1994 · High Court
260
citing judgments

The law declared by the Supreme Court is binding on all courts in India, and decisions of a High Court are binding on subordinate courts and tribunals within its jurisdiction but not on courts or tribunals outside its jurisdiction.

Smt. Tarulata Shyam v. CIT
108 ITR 345 · 1977 · Supreme Court
209
citing judgments

Taxing statutes must be interpreted strictly, assuming that the law-making authority does not commit a mistake or make an omission. There is no room for purposive interpretation under direct tax laws.

Sonia Bhatia v. State of U.P
2 SCC 585 · 1981 · Reported
190
citing judgments

An Explanation to a statutory provision can either clarify an existing ambiguity in the main provision or add to and widen its scope.

(i) Sultana Begum v. Prem Chand Jain
1 SCC 373 · 1997 · Reported
187
citing judgments

A statute must be read as a whole, construing every clause with reference to its context and other provisions, to determine the legislature's real intention and ensure a consistent enactment. This principle, known as "ex visceribus actus," helps avoid inconsistencies within the law.

OFFSHORE HOLDINGS (P) LTD. v. BANGALORE DEVELOPMENT AUTHORITY & ORS.
3 SCC 139 · 2011 · Reported
186
citing judgments

Acquisitions under the Bangalore Development Authority Act, 1976 are distinct from the Land Acquisition Act, 1894, making Section 24(2) of the 2013 Act inapplicable to BDA Act acquisitions. A land acquisition does not lapse under the BDA Act even if the development scheme under Section 27 lapses, provided the land has already vested in the State Government under Section 16 of the Land Acquisition Act, 1894.

BONDURAMASWAMY AND OTHERS v. BDA AND OTHERS
7 SCC 129 · 2010 · Reported
186
citing judgments

The case establishes parameters or principles that the Bangalore Development Authority (BDA) and the State Revenue Department must apply. These principles guide the authorities when considering public representations concerning their schemes or land-related matters.

14 In Sun Export Corporation, Bombay v. Collector of Customs
6 SCC 564 · 1997 · Reported
184
citing judgments

Sun Export Corporation held that any ambiguity in a tax exemption provision or notification must be interpreted in favor of the assessee or the subject.

M.P.GANGADHARAN AND ANOTHER v. STATE OF KERALA AND OTHERS
6 SCC 162 · 2006 · Reported
182
citing judgments

Under Section 21 of the General Clauses Act, 1897, the power to issue notifications and orders inherently includes the power to amend, vary, or rescind them. This principle enables the government to modify existing notifications, such as changing the location of a court established by an earlier notification.

292 ITR 636 (P&H) CIT v. HCL Info System Ltd.
254 ITR 121 · 2002 · High Court
156
citing judgments
CIT v. Kasturi & Sons Ltd.
3 SCC 346 · 1999 · Supreme Court
153
citing judgments

Fiscal statutes must be construed strictly and literally. When the language is plain and unambiguous, courts must give effect to it without considering legislative intent or equitable considerations.

Pradip Kumar Malhotra v. CIT
338 ITR 538 · 2011 · High Court
151
citing judgments

Section 2(22)(e) of the Income Tax Act, which addresses deemed dividends, does not apply to loans or advances provided by a company to its shareholders if these transactions occur in the normal course of business, are driven by business expediency, or are made in consideration of a benefit conferred upon the company by the shareholder. Conversely, gratuitous loans or advances given to shareholders fall within the purview of this section.

Sultana Begum v. Prem Chand Jain
259 ITR 449 · 2003 · Supreme Court
147
citing judgments

Courts must interpret statutes by reading the entire enactment as a whole to ascertain legislative intent, rejecting constructions that create inconsistency, render any provision otiose or a "dead letter," or defeat the plain intention of the legislature.

R.B. Jodha Mal Kuthiala v. CIT
82 ITR 570 · 1971 · Supreme Court
131
citing judgments

Tax laws must be interpreted reasonably and in consonance with justice, even though equitable considerations are generally irrelevant in their interpretation.

R.S. Raghunath v. State of Karnataka
1 SCC 335 · 1992 · Reported
128
citing judgments

To ascertain legislative intent, courts must construe a statute as a whole, comparing clauses with other parts of the law and their setting to avoid inconsistency or repugnancy between sections.

Solapur MIDC Industries Association Etc v. State of Maharashtra & Ors., JT
7 SCC 14 · 1996 · Reported
128
citing judgments

A Municipal Corporation Act and an Industrial Development Act operate within distinct fields, and there is no inherent conflict between these two legislative frameworks. This principle clarifies the jurisdictional boundaries between such acts.

Padmasundara Rao v. State of Tamil Nadu
255 ITR 147 · 2002 · Supreme Court
123
citing judgments

The language employed in a statute is the determinative factor of legislative intent. When the words of a statute are plain and unambiguous, they must be given effect as they are, and the consequences of such interpretation cannot alter the clear meaning.

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