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Supreme Court of India

Reliance on a judgment later overturned does not constitute suppression of facts

July 11, 2023 2508 Views 0 comment Print

In the case of Commissioner, Central Excise and Customs and Another vs Reliance Industries Ltd., Supreme Court of India held that reliance on a judgment later overturned does not constitute suppression of facts.

Maize starch is covered by taxation entry no. 61 of Part B of Schedule I

July 10, 2023 861 Views 0 comment Print

Supreme Court held that where a statute contains both a general provision as well as a specific provision, the latter must prevail. Accordingly, Taxation Entry No.61 is relatable to ‘starch’ of any kind whereas Exemption Entry No.8 relates to products of ‘millet’. Hence, maize starch is covered by taxation entry and not by exemption entry.

SC Ruling on Penalty for Suppression of Facts in Self-Assessment Returns

July 5, 2023 6951 Views 0 comment Print

Read about the Supreme Court’s decision on whether penalty can be imposed on self-assessment returns for alleged suppression of facts. Analysis of the case involving Commissioner, Central Excise And Customs vs Reliance Industries Ltd. Learn about the implications for GST and Income-tax matters.

No Service Tax on Issuance of Corporate Guarantee by Director Without Consideration: SC

June 29, 2023 4965 Views 0 comment Print

A recent judgment by the Supreme Court of India has set a precedent, ruling that the issuance of a corporate guarantee on behalf of group companies by a director without consideration is not a taxable service. Discover the insights and implications of this judgment in our comprehensive analysis.

SC Decision on Disproportionate Share Allotment: Applicability of Section 81 of Companies Act 1956

June 18, 2023 5607 Views 0 comment Print

Read the analysis of the Supreme Court of India’s verdict in the case of Hasmukhlal Madhavlal Patel And Anr. vs Ambika Food Products Pvt. Ltd. And Ors. regarding disproportionate allotment of shares in a right issue by a private limited company. The court’s ruling examines the applicability of Section 81 of the Companies Act, 1956 and its implications for directors’ responsibilities.

Sales tax leviable on credit note issued by manufacturer to dealer relating to replacement of defective parts

June 13, 2023 2268 Views 0 comment Print

Supreme Court held that the credit note issued by a manufacturer to the dealer, relating to the replacement of defective parts, is a valuable consideration and hence, leviable to sales tax.

Will (Before Death of Testator) Or POA cannot Confer Title in Immovable Property: SC

June 9, 2023 17427 Views 0 comment Print

SC in the Ghanshyam Vs Yogendra Rathi, concerning entitlement to eviction and mesne profits based on various documents such as power of attorney, will, agreement to sell, possession memo, and sale consideration receipts

Supreme Court Stand Against Inordinate Adjudication Delays

June 8, 2023 3360 Views 0 comment Print

A landmark judgment by Supreme Court of India emphasizing importance of prompt adjudication in show cause notices, as seen in ATA Freight Line Vs Union of India case.

Order giving a substantial amendment cannot be given retrospective effect

June 6, 2023 4044 Views 0 comment Print

Supreme Court held that Order giving substantial amendment cannot be said to be clarificatory in nature and accordingly, such amendment cannot be given retrospective effect.

Trade Refuse Charges (TRC) collected by BMC – A Case Study

June 6, 2023 5493 Views 0 comment Print

Case study examines Trade Refuse Charges (TRC) collected by BMC in Mumbai from businesses within its municipal area based on a circular.

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