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National Petroleum Construction Company ( S ) vs Deputy Commissioner Of Income Tax , Circle 2(2 ), International Taxation , New Delhi & Anr ( S ) J U D G M E N T Indira Banerjee , J Leave GrantedJehangir Vakil Mills Co Ltd vs CitIt Is Well Settled That In Matters Of Taxation There Is No Question Of Res Judicata Because Each Year'S Assessment Is Final Only For That Year And Does Not Govern Later Years , Because It Determines Only The Tax For A Particular Period " [Ref : Instalment Supply ( P ) Ltd vs Union Of India : Air 1962Instalment Supply ( P ) Ltd vs Union Of India :Deduct Any Tax At Source If Such Sum Is Not Chargeable To Tax Under The It Act , As Held 15 By This Court In G E India Technology Centre Pvt Ltd vs Commissioner Of Income Tax And Another1 37 The High Court RightlyShould Carry On Business Through A Permanent Establishment In India , As Held By This Court In Ishikawajima-Harima Heavy Industries Ltd vs Director Of Income Tax , Mumbai2 And Commissioner Of Income Tax And Anr vs Hyundai Heavy Industries Co Ltd 3 However , The Judgments Would Only Be Attracted If There Were A Definite Finding That The Did Not Have Any Pe In India During The Assessment Year In Question ,National Petroleum Construction Company vs Deputy Commissioner Of Income Tax , Circle 2(2)(2 ), International Taxation , New Delhi & Anr J U D G M E N T J K Maheshwari , J Leave GrantedConsidering The Application Under Section 197 Of The It Act This Court In The Case Of M/S Radhasoami Satsang , Saomi Bagh , Agra vs Commissioner Of Income TaxvsFurther , Upholding The Dictum Laid Down In Radhasoami ( Supra ), In Case Of Bharat Sanchar Nigam Limited And Anr vs Union Of India And Ors