supreme court judgements

Post sale discounts shall not form part of the turnover

Income Tax - The Appellant raised the tax invoices on the purchasers as per the policy of manufacturers of vehicles to maintain uniformity in the price thereof. After the sales were completed, credit notes were issued to the customers granting discounts, in order to meet the competition in the market and for allied reasons. ...

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Ordinance Raj? Not Any More

Income Tax - Apex Judiciary has given a new year gift by pronouncing 2 important judgments, both by constitution bench of 7 members dated January 2, 2017. 1. Re-promulgation of ordinances is invalid and is fraud on constitution 2. A candidate can-not ask for votes in the name of religion, language, caste etc....

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Service tax chargeable on constructed area provided by developers to land owners in lieu of development rights

Income Tax - Whether transaction where Petitioner and his siblings agreed to exchange certain part of undivided share of land with Developer in lieu of constructed area under an Agreement for development, exigible to Service tax?...

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No service tax on Arrangement b/w parties for sharing common storage facilities

Income Tax - Whether handling portion and maintenance including incineration facilities by one party on behalf of another is in the nature of providing 'Storage and Warehousing Services' falling under Section 65(105)(zza) of Finance Act, 1994...

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Service tax burden can be passed on by contractual agreement but revenue cannot be asked to wait for recovery of tax dues

Income Tax - Whether burden of Service tax can be transferred to other party through contractual agreement? Further, whether Revenue can be asked to recover tax dues from the third party or wait till amount has been recovered from contractors?...

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Petition filed in SC on Mandatory Quoting of Aadhaar for filing ITR

Income Tax - Text of Petition filed in Supreme Court on Mandatory Quoting of Aadhaar for filing ITR is as follows. Matter is expected to come up for hearing on Monday 17th April 2017....

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Revisit Provisions Regulating Disciplinary Control Over Lawyers: SC

Income Tax - Supreme Court Directs Law Commission of India to Revisit the Provisions Relating to Regulation of Disciplinary Control Over Lawyers Under the Advocates Act ...

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SC Upholds Applicability of Renewable Purchase Obligation on Captive Power Plants

Income Tax - Supreme Court Upholds Applicability of Renewable Purchase Obligation on Captive Power Plants; Order a Positive Development and will Help Renewable Energy Growth in the Country The Supreme Court order dated 13 May 2015 in the case between the Hindustan Zinc vs Rajasthan Electricity Regulatory Commission on the applicability of Renewable Pu...

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Supreme Court Judgement in Disciplinary matter of ICAI

Income Tax - Sub: Judgement dated 13th May, 2015 of the Hon’ble Supreme Court of India in a Disciplinary matter The Hon’ble Supreme Court of India in a landmark Judgment delivered on 13th May, 2015 in an appeal filed by a member of the Institute [Respondent in a disciplinary matter] and Others has upheld the Judgment given by […]...

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Supreme Court constitutes Social Justice Bench

Income Tax - SUPREME COURT OF INDIA The Constitution of India in its Preamble has assured the people a three dimensional justice including social justice. Under the domain of ‘social justice’, several cases highlighting social issues are included. To mention summarily, about the release of surplus food grains lying in stocks for the use of...

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TDS on Land Acquisition amount is part of Compensation: SC

Baranagore Jute Factory Plc. Mazdoor Sangh (Bms) Etc Vs Baranagore Jute Factory Plc (Supreme Court of India) - Respondents should not have appropriated the refund they received from the Income- Tax Department. There is nothing wrong in claiming the refund. The problem is in utilising the refund received. ...

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SC Sets aside Himachal HC Judgment for Poor English

Sarla Sood and Ors Vs Pawan Kumar Sharma (Supreme Court of India) - In this case SC held that After hearing learned counsel, it is not possible to comprehend the contents of the impugned order passed by the High Court. The order passed by the High Court is, therefore, set aside and the matter is remanded to the High Court for fresh consideration on merits....

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Sale of a Running Business with all Assets & Liabilities is Slump Sale: SC

The Commissioner of Income Tax, Vs Equinox Solution Pvt. Ltd. (Supreme Court of India) - Provisions of Section 50 (2) of the Act would apply to a case where the assessee transfers one or more block of assets, which he was using in running of his business. Such is not the case here because in this case, the assessee sold the entire business as a running concern....

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Procedure for recovery of land revenue not discriminatory

Power Machines India Ltd Vs State of Madhya Pradesh & Org. (Supreme Court of India) - It is apparent from the aforesaid dictum of this Court that providing of plural remedies is valid when two or more remedies are available to a person even if inconsistent, they are valid. It is for the person to elect one of them and there is no question of repugnancy in providing such remedy....

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Petition filed in SC to make Hindi compulsory in Class I to VII

Ashwini Kumar Upadhyay Vs Union of India (Supreme Court of India) - Study of Hindi should be compulsory for all the students of I-VIII standard, so that all the Indian citizens can easily communicate with each other. It will promote fraternity, unity and national integration, the great golden goals as set out in Preamble of the Constitution. ...

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Advocates only in proper uniform be allowed entry into Court Rooms – SC

NA - (02/12/2014) - On 24.11.2014 an Advocate, wearing Black Gown, Band and Saffron colour long gown entered into the Hon'ble Chief Justice's Court which was viewed seriously. It has been directed that, in future, Advocates only in proper uniform be allowed entry into the Court Rooms....

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‘Stainless steel wire’ is not declared goods under MVAT Provisions

Trade Circular No. 11 T of 2014 - (04/04/2014) - The matter is referred to Government for guidance as to whether the Supreme Court judgement be enforced for transactions effected prior to the date of the Supreme Court judgement i.e 26.4.2011....

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Rape is morally and physically most reprehensible crime in society – SC

NA - (20/05/2013) - Being the most hated crime, rape tantamounts to a serious blow to the supreme honour of a woman, and offends both, her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks....

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Allocation of quantities of cotton yarn for export in terms of Policy Circular No.17 dated 10th February 2011

Trade Notice No. 07/2011 - (10/03/2011) - All conditions in policy circular no 15 of 1st February 2011 will continue to apply, except the specification about dates and the calendar given in Annexure 2 thereof since the allocation is being made today (10th March 2011 and not on 10th February 2011). Special attention be paid to para 3(iv) & (...

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Recent Supreme Court Judgment Misinterpreted to Infer That Date Of Rejection of A Claim is Irrelevant

NA - (27/06/2010) - Limitation period means the time within which a person must file his case before a judicial authority for exercising his rights. This period is to be calculated from the date of the cause of action. This term does not have any definition, but it is well settled that “cause of action” is a mixed ...

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Recent Posts in "supreme court judgements"

TDS on Land Acquisition amount is part of Compensation: SC

Baranagore Jute Factory Plc. Mazdoor Sangh (Bms) Etc Vs Baranagore Jute Factory Plc (Supreme Court of India)

Respondents should not have appropriated the refund they received from the Income- Tax Department. There is nothing wrong in claiming the refund. The problem is in utilising the refund received. ...

Read More

SC Sets aside Himachal HC Judgment for Poor English

Sarla Sood and Ors Vs Pawan Kumar Sharma (Supreme Court of India)

In this case SC held that After hearing learned counsel, it is not possible to comprehend the contents of the impugned order passed by the High Court. The order passed by the High Court is, therefore, set aside and the matter is remanded to the High Court for fresh consideration on merits....

Read More

Sale of a Running Business with all Assets & Liabilities is Slump Sale: SC

The Commissioner of Income Tax, Vs Equinox Solution Pvt. Ltd. (Supreme Court of India)

Provisions of Section 50 (2) of the Act would apply to a case where the assessee transfers one or more block of assets, which he was using in running of his business. Such is not the case here because in this case, the assessee sold the entire business as a running concern....

Read More

Procedure for recovery of land revenue not discriminatory

Power Machines India Ltd Vs State of Madhya Pradesh & Org. (Supreme Court of India)

It is apparent from the aforesaid dictum of this Court that providing of plural remedies is valid when two or more remedies are available to a person even if inconsistent, they are valid. It is for the person to elect one of them and there is no question of repugnancy in providing such remedy....

Read More

Petition filed in SC to make Hindi compulsory in Class I to VII

Ashwini Kumar Upadhyay Vs Union of India (Supreme Court of India)

Study of Hindi should be compulsory for all the students of I-VIII standard, so that all the Indian citizens can easily communicate with each other. It will promote fraternity, unity and national integration, the great golden goals as set out in Preamble of the Constitution. ...

Read More

SC orders Auction of Sahara’s Ambey Valley City; Subrata Roy to attend on 27.04.2017

S.E.B.I. Vs Sahara India Real Estate Corpn. Ltd. & ors. (Supreme Court of India)

As no amount has been deposited by the contemnor, we are inclined to go ahead with auction for the Aamby Valley City near Lonavala, Maharashtra. Let the matter be listed at 2 p.m. on 27th April, 2017, on which day, the contemnor, Mr. Subrata Roy Sahara, shall remain personally present before this Court. ...

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Conditions for Admitting appeal U/s. 130E(b) of Customs Act: SC

Steel Authority of India Ltd. Vs Designation Authority (Supreme Court of India)

SC held that before admitting an appeal under Section 130E(b) of the Customs Act, the following conditions must be satisfied: (i) The question raised or arising must have a direct and/or proximate nexus to the question of determination of the applicable rate of duty or to the determination of the value of the goods for the purposes of ass...

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SC upheld Constitutional Validity of Section 35F of Central Excise Act, 1944

Satya Nand Jha vs. Union of India and Others (Supreme Court)

In the case of Satya Nand Jha vs Union of India Honourable Supreme Court Upheld the Judgment of Jharkhand High Court and upheld the constitutional validity of Section 35F of the Central Excise Act, 1944. ...

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In Amalgamation waiver of Interest is to be Treated as Income: SC

M/s. Mc Dowel & Company Ltd. Vs Commissioner of Income Tax (Supreme Court of India)

This appeal is preferred against judgement dated 05.04.2005 of the High Court of Karnataka whereby the appeal of Commissioner of Income Tax (Revenue) was allowed setting aside the order to the Income Tax Appellate Tribunal(ITAT) which had granted the benefit of provisions...

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Title in Immovable Property cannot Pass unless executed on Proper Stamp Paper

Mother Hospital Pvt. Ltd Vs CIT (Supreme Court of India)

Title In The Immovable Property Cannot Pass When Its Value Is More Than Rs.100 Unless It Is Executed On A Proper Stamp Paper And Is Also Duly Registered With The Sub-Registrar...

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