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Supreme Court of India · 2011-03-01

GVK INDS. LTD vs THE INCOME TAX OFFICER

Citation / case number
SC 1997/11291
Court
Supreme Court of India
Petitioner
GVK INDS. LTD
Respondent
THE INCOME TAX OFFICER
Author
DIPAK MISRA SUDHANSU JYOTI MUKHOPADHAYA
Bench
DIPAK MISRA SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court examined the legislative powers of Parliament under Article 245 of the Constitution, determining that Parliament has the authority to legislate on matters occurring outside India's territory if they have a significant impact on India. The Court distinguished between rigid interpretations of legislative competence, as seen in Electronics Corporation of India Ltd. v. Commissioner of Income Tax, and more flexible approaches that allow for extra-territorial legislation when a sufficient nexus with India is established. The holding affirmed Parliament's broader legislative competence, emphasizing the need for laws to protect the welfare of the territory and its inhabitants.

GVK INDS. LTD vs THE INCOME TAX OFFICER · Niyam