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Supreme Court of India

CA Challenges Constitutional validity of Vivad se Vishwas Act 2020

March 17, 2020 9483 Views 2 comments Print

CA Satyaprakash Singh from Mumbai has challenged Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020 by FIling a Public Interest Petition with Hon’ble Supreme Court of India. By this Public Interest Petition, the Petitioner is impugning the Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020. The Respondent No.1 has […]

Dues of secured creditor have preference over Crown debts: SC

March 15, 2020 3768 Views 0 comment Print

Connectwell Industries Pvt. Ltd. Vs Union of India (Supreme Court) It is trite law that, unless there is preference given to the Crown debt by a statute, the dues of a secured creditor have preference over Crown debts. Rule 2 of Schedule II to the Act provides for a notice to be issued to the […]

No writ should be filed if same issue is already pending before CIT(A)

March 14, 2020 4107 Views 0 comment Print

The issue pertaining to the taxability of anonymous donations received in Hundies maintained by the temple trust under Section 115BBC of Income Tax Act, 1961 is pending determination before the Commissioner of Income Tax (Appeals) for Assessment Year 2015-16.

Company qualifies for Section 80­IA deduction on Conversion from Partnership

March 10, 2020 2307 Views 0 comment Print

CIT Vs Chetak Enterprises Pvt. Ltd. (Supreme Court) It is manifest that all properties, movable and immovable (including actionable claims) belonging to or vested in a company at the date of its registration would vest in the company as incorporated under the Act. In other words, the property acquired by a promoter can be claimed […]

Section 12AA registration cannot be denied merely for lack of activities by trust before application: SC

March 10, 2020 1671 Views 0 comment Print

In the given case, the object of the provision in question is to ensure that the activities undertaken by the Trust are not contrary to its objects and that a Commissioner is entitled to refuse registration if the activities are found contrary to the objects of the Trust

Section 153C Requirement should be fulfilled by AO before initiating proceedings

March 10, 2020 4239 Views 0 comment Print

In the given case, the issue under consideration is whether there is a compliance of the provisions of Section 153C of the Act by the Assessing Officer and all the conditions which are required to be fulfilled before initiating the proceedings under Section 153C of the Act have been satisfied or not?

New trust entitled for Section 12AA registration despite no activity: SC

March 7, 2020 2577 Views 0 comment Print

Explore Supreme Court’s decision on trust registration under Section 12AA without activities. Learn implications for newly formed trusts. #IncomeTaxAct

SC lifts Ban Imposed by RBI on Cryptocurrency (Read Judgment)

March 7, 2020 2358 Views 0 comment Print

Internet And Mobile Association of India Vs RBI (Supreme Court of India) We cannot lose sight of three important aspects namely, (i) that RBI has not so far found, in the past 5 years or more, the activities of VC exchanges to have actually impacted adversely, the way the entities regulated by RBI function (ii) […]

No contravention of EXIM Policy in case finished goods after job work cleared to DTA

March 6, 2020 2070 Views 0 comment Print

Commissioner of Central Excise Vs Universal Ferro & Allied Chemicals Ltd. (Supreme Court of India) Conclusion: Since in the transaction between the UFAC and TISCO, there was no transfer of property in goods to the UFAC and, as such, it could not be considered to be a sale under section 4 of the Sale of […]

Whether FCRA, 2010 allows Govt to decide political Status of an organisation?

March 6, 2020 2301 Views 0 comment Print

Whether Foreign Contribution (Regulation) Act 2010 (FCRA, 2010) (read with rules) allows Central Government to freely decide whether an organisation is political or not? What is Foreign Contribution (Regulation) Act 2010? The Foreign Contribution (Regulation) Act 2010 and rules framed under it (the ‘FCRA’ or ‘Act’) regulate contribution by non-governmental organisations (‘NGO’) in India. The […]

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