Landmark Judgments on Income Tax (In 2 Volumes)

The title contains approximately 10,000 cases from 1961 to 2013 comprising all Supreme Court cases and selected High Court judgments. Tax litigation and dispute is an inherent aspect of any tax regime and may involve any participants in the tax regime at any point in time. Therefore, in order to manage litigation effectively a litigant or a potential litigant or their representatives as well as the judiciary need relevant precedents and information to ensure that appropriate decisions are arrived at. High Courts and Supreme Court decides on questions of law and constitutional issues and hence landmark decisions in the space of direct taxes provide exclusive access to the various category of users to situations wherein questions of law or constitutional issues were settled by the Judiciary. The title, extensive in coverage bridges content gap that exists currently in the space of landmark judicial pronouncements on direct taxes. The title will be of immense help to Tax firms/consultants, Chartered Accountants, Corporations (Finance Department, factory accountants), Law Firms, Practicing Lawyers ( Indirect Tax), Government Departments (CBEC etc), Ministry officials, Court Libraries, Institutes of CA, CS and CWA.

Landmark Judgments on Income Tax VOLUME I ARRANGEMENT OF CHAPTERS CHAPTER 1: Short title, extent and commencement S. 1 of the 1961 Act PAGE Long title and/or preamble, how far useful aid to construction … 3 External aid to construction … 3 Statement of Objects and Reasons, how far useful aid to construction … 3 Finance Minister’s speech before Parliament, how far relevant … 4 Statutes enacted in Hindi, simultaneous English version published, in case of conflict, English version to prevail … 4 Coming into operation … 4 Act held to be effective from the date on which Ordinance came into force even though Act became operative from a subsequent date … 4 Bringing into force an Act by the Government from a date anterior to the date of notification but posterior to the date of its enactment is possible … 4 Power conferred on executive to bring into force a statute or a statutory provision, how to be exercised … 5 Effective date of coming into force of an Act does not depend on the date when its validity is upheld … 5 Bringing into force one or more statutory provision, challenge to fixation of the appointed date … 5 Commencement of an Act, when takes place … 5 Making the law and commencement of the Act, distinction … 5 “Commencement of an Act” and “coming into operation of an Act in a particular area”, distinction … 6 Supreme Court dicta about mass amendments … 6 Good legislation, what it is? … 6 Normally, stay of operation of the Finance Act not to be granted … 6 x Arrangements of chapters PAGE Note : For Pages 1 to 1534 refer to Vol. 1 and for Pages 1535 to 2862 refer to Vol. 2. Power of Parliament to make laws which operate extra-territorially … 6 When a statute can be declared as unconstitutional … 6 Presumption as to constitutionality of a statute … 7 Theory of reading down of provision … 7 Absence of mens rea as also existence of hardship not to affect the constitutional validity of an enactment … 7 Challenge to the constitutionality, proper approach of the Court … 7 Statute or provision, which was held unconstitutional by High Court, declared constitutional by Supreme Court, restoration of such statute or provision is automatic … 7 Validity of a similar provision upheld subsequently does not revive the provision earlier held to be constitutionally invalid … 8 Extent of the Act … 8 Conflict between two special Acts, later Act to prevail … 8 Act extended to the Exclusive Economic Zone of India and the Continental Shelf of India … 8 Validity of Sikkim Income-tax Manual … 8 Commencement of the 1961 Act in the State of Sikkim deferred to assessment year 1990-91 … 9 Winnings from lottery in Sikkim relating upto assessment year 1989-90, held not taxable under the 1961 Act … 9 Effect of special provisions of Article 371F … 9 Article 371F(k) of the Constitution, not to affect operation of the 1961 Act even prior to assessment year 1990-91 … 9 CHAPTER 2: Definitions S. 2 of the 1961 Act