Supreme Court
Supreme Court Grants IT Dept. Liberty To File HC Appeal In Google Ireland ₹116 Crore Tax Dispute
The Supreme Court on Thursday declined to entertain the Income Tax Department's challenge to a Karnataka High Court judgment dated June 3, 2025, which had quashed assessment orders passed against Google Ireland for AYs 2009-10 and 2010-11.The Court held that the Revenue must first pursue the available intra-court appeal before the High Court. A Bench of Justices Aravind Kumar and Prasanna B. Varale dismissed the Revenue's Special Leave Petition, holding that an intra-court appeal against the...
Supreme Court Seeks Attorney General's Intervention Over Long-Vacant Administrative Posts In ITAT
The Supreme Court on May 26 expressed concern over longstanding vacancies in the administrative establishment of the Income Tax Appellate Tribunal (ITAT) and sought the intervention of the Attorney General for India to ensure that the posts are filled expeditiously.The petition filed by Parveen Kumar Bansal, sought directions for immediate initiation and completion of the recruitment process for vacant posts including Deputy Registrar and Assistant Registrar, besides convening long-pending...
Supreme Court Refuses To Interfere With Delay Condonation In Income Tax Dept's Appeal Against IFUNA
The Supreme Court on Monday refused to interfere with a Delhi High Court order that condoned the Income Tax Department's delay in filing and re-filing its appeal against Indian Federation of United Nations Association (IFUNA). The delay was 154 days in filing the appeal and 112 days in re-filing it.The Delhi High Court had on March 24, 2026 condoned the delay observing that though the delay was substantial and not properly explained, a “lenient view in the interest of justice” was required A...
Supreme Court Dismisses IT Dept's Appeal Against Pernod Ricard In Advertising Expense Tax Dispute Over Delay
The Supreme Court on Tuesday dismissed the Income Tax Department's challenge to a Delhi High Court ruling in favour of Pernod Ricard India Pvt Ltd. It declined to interfere with the judgment that had held AMP and brand-building expenses could not be disallowed in the absence of evidence showing an arrangement with the foreign associated enterprise. The top court declined to entertain the Revenue's plea on account of a 384-day delay in filing the appeal. A Bench of Justices J.B. Pardiwala and...
Supreme Court Refuses To Interfere With Relief To Karnataka Bank In HTM Investment Income Tax Dispute
The Supreme Court on Monday declined to interfere with Karnataka Bank Ltd's tax relief in a dispute over deduction for diminution in the value of its held-to-maturity (HTM) investments, which are securities that banks buy with the intention of holding until maturity rather than trading. A Bench of Justices Manoj Misra and Manmohan dismissed the Revenue's special leave petition against the Karnataka High Court's August 2025 judgment that had upheld relief granted to the bank. “We do not find a...
Supreme Court Issues Notice On IT Dept. Appeal Over Relief To Vedanta For TDS Default On Non-Resident Payments
The Supreme Court on Monday issued notice on an appeal filed by the Income Tax Department against a Madras High Court ruling that had partly quashed tax proceedings against Vedanta Ltd. The case concerns its alleged failure to deduct tax on payments made to its overseas group entity. The Madras High Court had, on August 29, 2025 partly ruled in Vedanta's favour. It held that the tax department could not uniformly apply a seven-year limitation benchmark across all assessment years. Observing...
Fixed Share Of Gross Receipts Paid To AOP Member Was Taxable Revenue Income, Not Exempt Profit: Supreme Court
The Supreme Court has held that the 35% share of gross sale proceeds received by Sanand Properties Pvt Ltd from an Association of Persons (AOP) formed for a Pune housing project was taxable business income and not an exempt share of profit, holding that the payment was insulated from project expenses and therefore bore the character of revenue rather than profit. A bench led by Justice J.B. Pardiwala and Justice K V Viswanathan delivered the ruling in a dispute arising out of a joint...
Supreme Court Dismisses Income Tax Appeal Against IDBI Bank Over Delay Of 275 Days
The Supreme Court on Monday dismissed the Income Tax Department's plea against IDBI Bank Ltd over a 275-day delay, refusing to interfere with the Bombay High Court's decision quashing reassessment proceedings for AY 2016-17.The High Court, in its order dated March 24, 2025 held that the reasons recorded by the Assessing Officer were factually incorrect, reflected non-application of mind, and amounted to an impermissible review based on change of opinion.A Bench of Justices Pamidighantam Sri...
Supreme Court Dismisses Challenge To Gujarat HC Order Quashing Rasna Reassessment Over Deactivated PAN
The Supreme Court of India on Friday refused to interfere with a Gujarat High Court order quashing reassessment proceedings against Rasna Pvt Ltd, which had been initiated using a deactivated PAN. Rasna Pvt Ltd, known for manufacturing soft drink concentrates, had challenged the notices issued under the Income Tax Act on the ground that all transactions were disclosed under its active PAN following amalgamation.The Gujarat High Court had, on October 15, 2025, quashed notices issued under...
Supreme Court Declines To Interfere With Calcutta High Court IT Order Favouring Britannia
The Supreme Court on Tuesday refused to interfere with a tax department plea against Britannia Industries Ltd, upholding a Calcutta High Court ruling that had set aside a Income Tax revision order. The dispute concerned the valuation of property acquired by the company and deductions claimed for statutory dues such as taxes.A bench of Justices Pamidighantam Sri Narasimha and Alok Aradhe, while declining to interfere with the High Court's order, kept the interpretation of Section 56(2)(x) of the...
Supreme Court Dismisses Income Tax Appeal Against Nokia Over Gross Delay Of 286 Days
The Supreme Court on Thursday dismissed the Income Tax Department's appeal against Nokia Corporation over a 286-day delay, leaving undisturbed the Delhi High Court's ruling that offshore supply of telecom equipment is not taxable, software payments are not royalty, and no permanent establishment existed in India.A Bench of Justices B.V. Nagarathna and Ujjal Bhuyan found no sufficient and satisfactory reason by the department to condone 286 days 'gross' delay and observed the following:“There is...
Can Delay Beyond Prescribed Time Limit In Service Tax Appeals Be Condoned Under Limitation Act? Supreme Court To Examine
The Supreme Court has agreed to examine whether delay in filing a service tax appeal beyond the 2-month deadline and the additional 1-month extension allowed under the law can be excused under Section 5 of the Limitation Act. Section 5 of the Limitation Act allows courts to accept delayed filings if sufficient cause for the delay is shown. A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan issued notice on April 13, 2026 while hearing a petition filed by assessee Morthala Sidda...