Analysis of three important judgements (November 2011 to May 2012)
CA Anant N. Pai
No practitioner can afford to be unaware of latest judgements & whether experts view the judgement as being right or wrong. Towards that end, the author has agreed to take time out of his busy schedule to make an analysis of landmark judgements every quarter. In this part, the author has identified three landmark judgements analyzed them with a critical eye and identified their strengths & shortcomings.
In the past six months, several decisions of substantial importance to the tax payers have emerged. The Supreme Court decisions in the Vodafone case and also in the section 80-HHC issues are examples of the same. Since these decisions have been widely discussed, they have not been considered in this article to avoid duplication. Apart from these decisions, several decisions of the High Court and the Tribunals on issues of taxation of royalty etc have been nullified by the Government by resorting to retrospective amendments in the recent Finance Bill. These have also not been discussed as their value as legal precedents for the future would be doubtful after these retrospective amendments. The decisions selected in this article are only those which the author felt have analytical value to the readers.