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Supreme Court of India

SC refuses to interfere with period of validity of cheque

July 10, 2020 19017 Views 1 comment Print

In re Cognizance for Extension of Limitation (Supreme Court) With reference to the prayer, that the period of validity of a cheque be extended, we find that the said  period has  not  been  prescribed by  any Statute but  it  is  a  period  prescribed by the Reserve Bank of India under Section 35A of the Banking […]

Non Payment of part Sale Consideration not makes a Sale Deed Void or cancellable: SC

July 9, 2020 43404 Views 0 comment Print

Dahiben Vs Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs & Ors (Supreme Court) Non Payment of part of Sale Consideration does not make a Sale Deed ‘Void’ nor constitutes a valid ground for Cancellation The Apex Court in the case of Dahiben vs. Arvindbhai Kalyanji Bhanusali (Gajra)(D) Thr Lrs decided on July 9, 2020 has categorically […]

Dispute of Inheritance of Shares cannot be decided under Companies Law: SC

July 6, 2020 8613 Views 0 comment Print

Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court) Hon’ble Supreme Court held that the basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act. Thus, filing of the petition […]

Constitutional validity of clause (f) of Section 43B of Income Tax Act, 1961

July 4, 2020 4644 Views 0 comment Print

The real crux of the case is understanding of Section 43B of the Act and object of legislation behind inserting clause (f) to Section 43B of the Act which has been very clearly explained in detail. Court also stated that that mere inclusion of clause (f) to Section 43B of the Act will not put an embargo or restrictions on the assessee to have the autonomy in the selection of the method of accounting as governing by Section 145 of the Act.

SC to ICAI: Be Flexible on CA Exam ‘Opt Out’ Option

June 29, 2020 1515 Views 0 comment Print

SC directs ICAI on exam opt-outs. Only 52,000 out of 3,46,000 students opt out. Adjournment for ICAI’s draft on concerns. Next hearing on July 2.

Purchase Tax payable on Purchase of Empty Bottles from unregistered dealers by Beer/IMFL Manufacturers: SC

June 29, 2020 1263 Views 0 comment Print

Commercial Tax Officer & Anr. Vs Mohan Brewaries and Distrilleries Ltd. (Supreme Court) Appeal filed by the revenue (Civil Appeal No. 7164 of 2013) is partly allowed by holding that the purchase turnover of the empty bottles purchased by the assessee from the unregistered dealers under bought note is exigible to purchase tax under Section […]

Agricultural land even by will cannot be transferred to non-agriculturists: SC

June 23, 2020 32505 Views 1 comment Print

An agriculturist could not part his agricultural land to a non-agriculturist through a Will and the prohibition against transfers of holding without the previous sanction of the concerned authorities was to be seen in that light as furthering the cause of legislation.

SC grants controlled discretion to Adjudicating Officer | Section 15J | SEBI Act

June 21, 2020 8985 Views 0 comment Print

SC grants controlled discretion to Adjudicating Officer under Section 15J of The SEBI Act The Supreme Court of India ruled in Adjudicating Officer, SEBI v. Bhavesh Pabari (Bhavesh Pabari) granting back the discretionary power to Adjudicating Officer (AO) under supervision and scrutiny of the court. It overruled its previous decision in Roofit Industries v. SEBI ( Roofit Industries). The highlight of the case is that […]

SC stays Delhi HC decision in case of Brand Equity -Transitional credit

June 19, 2020 15774 Views 2 comments Print

Supreme Court has stayed Delhi HC decision in case of Brand Equity Treaties Limited Vs Union Of India which permitted the assessee to file Form Tran-1 on or before June 30, 2020.

Bench must refrain from making any uncharitable observation on a decision: SC

June 19, 2020 999 Views 0 comment Print

S. Kasi Vs State (Supreme Court ) Learned Single Judge in the impugned judgment erred in holding that the lockdown announced by the Government of India is akin to the proclamation of Emergency. The view of the learned Single Judge that the restrictions, which have been imposed during period of lockdown by the Government of […]

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