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⚖️ Income Tax — Case Law

Union of India v. Azadi Bachao Andolan

The Supreme Court upheld the India–Mauritius treaty and CBDT Circular 789: a Tax Residency Certificate is sufficient evidence of residence, and a DTAA...

CIT v. Excel Industries Ltd

Income tax is charged on real income, not hypothetical income — income "accrues" only when there is a real, enforceable right to receive it, not on a...

CIT v. B.C. Srinivasa Setty

No capital gains tax can be charged on the transfer of an asset — such as self-generated goodwill — whose cost of acquisition cannot be conceived or c...

Vodafone International Holdings B.V. v. Union of India

The Supreme Court held that the offshore sale of shares of a foreign company, which indirectly held an Indian telecom business, was not taxable in Ind...

McDowell & Co. Ltd v. Commercial Tax Officer

The Supreme Court distinguished legitimate tax planning from avoidance through "colourable devices" — you may arrange your affairs to reduce tax, but...

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