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⚖️ Income Tax — Case Law

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...

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. 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...

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...

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...

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