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Supreme Court of India

Medical Oxygen IP and Nitrous Oxide IP are medicines: SC

April 13, 2020 5172 Views 0 comment Print

There is no doubt that Medical Oxygen IP and Nitrous Oxide IP are medicines used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings falling within the ambit of Section 3(b)(i) of the 1940 Act. SC hold that Medical Oxygen IP and Nitrous Oxide IP fall within the ambit of Section 3(b)(i) of the 1940 Act and are consequently covered in Entry 88 of the 2005 Act.

SC Guidelines For Court Functioning via Video Conferencing during Covid-19 Pandemic

April 6, 2020 1503 Views 0 comment Print

All measures that have been and shall be taken by this Court and by the High Courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful;

Mere permission to construct on land not results in transfer for capital gain tax

April 1, 2020 4428 Views 0 comment Print

SC held that, under the sale agreement, the Taxpayer had granted mere license to Vijay Shanthi Builders Ltd. which cannot be equated with possession of property which necessarily requires control over the property and not mere occupation and, hence, provisions of Transfer of Property Act, 1882 were not attracted.

Unverified news capable of causing panic should not be disseminated: SC

March 31, 2020 2508 Views 0 comment Print

Alakh Alok Srivastava Vs Union of India (Supreme Court of India) We expect the Media (print, electronic or social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated. A daily bulletin by the Government of India through all media avenues including social media and forums […]

Give Cognizant opportunity to explain its stand on 2 year old Tax dispute: SC

March 28, 2020 1077 Views 0 comment Print

Whether assessee’s purchase of its own shares, which was not in accordance with sec.77A of the Companies Act, would amount to dividends within the meaning of sec.2(22)(d) or 2(22)(a), and consequently, liable for tax u/s. 115-O in the hands of the assessee company. Whether the company had failed to remit the taxes within the stipulated period, the company was ‘deemed to be an assessee in default’, u/s. 115-Q. W

Declare national financial emergency in Country in the wake of coronavirus

March 27, 2020 10770 Views 0 comment Print

Centre For Accountability And Systemic Change (CASC) has filed a petition in Supreme Court for direction to Ministry Of Home Affairs/Central Government to declare national financial emergency in the Country in the wake of the coronavirus (COVID-19) pandemic. Relevant text of the Petition is as follows:- MOST RESPECTFULLY SHOWETH: 1. Writ Petition in public interest […]

SC explains when additional Tax under Section 143(1-A) can be imposed

March 25, 2020 3033 Views 0 comment Print

Rajasthan State Electricity Board Vs. DCIT (Supreme Court) Section 143(1-A) can only be invoked where it is found on facts that the lesser amount stated in the return filed by the assessee is a result of an attempt to evade tax lawfully payable by the assessee. The burden of proving that the assessee has so […]

Capital Gain was liable to be taxed at the time of receipt of last cheque when rights on immovable property extinguished

March 23, 2020 6672 Views 0 comment Print

Assessee entered into an agreement to sell a property with Builders Limited for a total sale consideration of Rs.5.5 crores. Pursuant to this agreement to sell, a Power of Attorney was by which, assessee appointed one director of Builders Ltd. to execute and join in execution the necessary number of sale agreements and/or sale deeds in respect of the schedule mentioned property after developing the same into flats.

SC indefinitely extends limitation period for filing appeals

March 23, 2020 29532 Views 0 comment Print

In re Cognizance for Extension of Limitation (Supreme Court) This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period […]

SC stays HC orders staying Coercive Recovery of taxes etc during Corona Virus crisis

March 20, 2020 1683 Views 0 comment Print

Union of India Vs P.D. Sunny & Ors. (Supreme Court of India) The Registry is directed to accept these special leave petitions against the judgment and order(s) passed by the High Court of Judicature at Kerala, Ernakulam Bench in Writ Petition (Civil) No.8231/2020 and of the High Court of Judicature at Allahabad, Allahabad Bench in […]

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