Capital-gains exemption for charitable trusts extends to qualifying fixed deposits, while unrecoverable TDS write-offs may constitute income applicati...
India-UK treaty characterisation of telecom-service receipts as business profits withstands unilateral domestic-law amendments for Indian tax purposes...
Transfer-pricing reimbursement adjustments require uncontrolled comparables and cannot become expense-genuineness reviews, resulting in deletion of th...
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The case pertains to the prohibition on import and confiscation of seven drawings by renowned artists under Customs Notification No. 1/1964, deeming them obscene. The court held that the ability to communicate ideas through art is a legitimate human endeavour and cannot be controlled based on acceptability to authorities. Vesting obscenity determination powers in customs authorities risks arbitrary state behaviour imperilling fundamental freedoms. The impugned order ignored relevant considerations like expert opinions, artistic value, contemporary standards, and legal precedents, relying instead on individualized morality standards, personal prejudices, and frivolous grounds. Relegating the petitioner to departmental appeals risked destruction of the valuable artworks. The impugned order was set aside, and the petition was allowed, upholding artistic expression and freedom of speech.
The case pertains to the prohibition on import and confiscation of seven drawings by renowned artists under Customs Notification No. 1/1964, deeming them obscene. The court held that the ability to communicate ideas through art is a legitimate human endeavour and cannot be controlled based on acceptability to authorities. Vesting obscenity determination powers in customs authorities risks arbitrary state behaviour imperilling fundamental freedoms. The impugned order ignored relevant considerations like expert opinions, artistic value, contemporary standards, and legal precedents, relying instead on individualized morality standards, personal prejudices, and frivolous grounds. Relegating the petitioner to departmental appeals risked destruction of the valuable artworks. The impugned order was set aside, and the petition was allowed, upholding artistic expression and freedom of speech.
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