Law of Taxation
The law of Tax in a layman’s language is the power which a public authority has through which they can direct a taxpayer to transfer to the authority a part of their income or property. The Laws of Tax are unique to each nation and tax system in India has undergone a radical change in line with the liberalization of policies since 1991. The latest entrant in the domain of taxes is the Goods and Services Tax (GST) which deals with the minimization of taxes and elimination of their cascading effect.
The laws of tax form an integral part of the fiscal and trade policies of a nation. Though the laws of tax have undergone restructuring to ensure better compliance, the system is still extremely complex to follow.
01
SOURCES OF TAX LAWS:
- Poona Electric Supply Co. Ltd., Bombay v. Commissioner of Income Tax (1965) 57 ITR 521
- CIT v. Chaphalkar Brothers [400 ITR 279 (SC]
- Jindal Stainless Ltd. & Anr. Vs. State of Haryana & Ors. [TS 455 SC 2016 VAT]
- Godhra Electric Company v. C. I. T., (1997) 4 SCC 530
- Emil Webber v. C. I. T., 200 ITR 483 (SC)
- Commissioner of Income Tax v. Shaw Wallace, 59 I.A. 206
02
RESIDENCE AND SOURCE RULES:
- Ebay International Ag, Mumbai v. Assessee, ITA, No.6784/M/2010
- Formula One World Championship Ltd. v. Commissioner of Income-tax [2017] 394 ITR 80 (SC)
- The Anglo-French Textile Co. Ltd. v. CIT, AIR 1951 Mad 597
- GVK Industries v. Income Tax Officer, (2011) 4 SCC 36
- Ishikawajma-Harima Heavy Industries Ltd. vs. Assistant Director Income Tax- [2007] 158 Taxman 259 (SC)
- Assistant Director of Income Tax v. M/s E-Funds Solution Inc., [2017] 251 Taxman 280 (SC)
- Engineering Analysis Centre of Excellence Pvt Ltd v the Commissioner of Income Tax & Anr, LL 2021 SC 124
- Vodafone International Holdings v. Union of India, (2012) 6 SCC 613
- Radha Rani Holdings Ltd. v. Additional Director of Income Tax, (2007) 110 TTJ Delhi 920
- Honda Siel Cars India Ltd. v. CIT [2017] 395 ITR 713 (SC)
- E. D. Sassoon and Company Ltd v. CIT, 1954 AIR 470
- CIT v. M/s Vazir Sultan & Sons, 1959 AIR 814
- V.V.R.N.M. Subbayya Chettiar v. CIT, 1951 AIR 101
05
SUPPLY:
- In re Emcure Pharmaceuticals Limited (GUJ/GAAR/R/2022/22)
- Re: M/s Rashmi Hospitality Services Ltd (2019, Karnataka AAR)
- Re: M/s Hical Technologies Pvt Ltd (Karn AAR, 2019)
- Re: M/s CMC Vellore Association (2019, TN AAR)
- Re: Bharatiyar University, Tamil Nadu AAR, Order Date 19.11.2020
- Re: Bajaj Finance Ltd (2019, Maharashtra AAAR)
- Union of India & Anr v. Mohit Minerals Pvt. Ltd. [2022 (61) GSTL 257 (SC)]: