Section 141 of the Income Tax Act
The decision most relied on for Section 141 is Kunhayammed and Others v. State of Kerala and Another (6 SCC 359), cited in 147 of the 25 judgments on BharatTax that turn on this section.
Leading authorities on Section 141
Filing an appeal or special leave petition before a higher court, including the Supreme Court, does not automatically stay the operation of the lower court's judgment. Without an explicit stay order, the lower court's decision remains enforceable and reliance on it is tenable.
The term 'every month' in the Provident Fund Scheme refers to the month in which wages were actually earned and salary became payable, not the month in which the salary was paid. An employer's responsibility to deposit contributions is independent of the timing of salary payments.
A direction from the Supreme Court constitutes an interim stay of proceedings, rendering reliance on contrary judgments untenable.
Judgments on Section 141
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