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Supreme Court of India

Regulation of Digital Money Lending Platforms- SC declines to interfere in Policy decisions

November 4, 2022 576 Views 0 comment Print

Shankar Nagesh Mutkiri Vs Reserve Bank of India (Supreme Court of India) Invoking the jurisdiction under Article 32 of the Constitution, the petitioner seeks a direction to the Reserve Bank of India (RBI) to take steps to regulate or disable unauthorized money lending platforms; to frame guidelines to ensure oversight over digital money lenders and for […]

No Service Tax on Taxable Service Received in India from Non-Residents prior to 18.04.2006: SC

November 4, 2022 1302 Views 0 comment Print

C.S.T. Delhi Vs Sojitz Corporation (Supreme Court of India) It is not in dispute that the service tax was sought to be levied for the transaction which has taken place outside India for the period between November, 1999 and March, 2002. The show cause notice was issued on 20.04.2005. It is not in dispute that […]

SC to decide whether Service tax leviable on secondment of employees

November 3, 2022 2103 Views 0 comment Print

Commissioner of GST And Central Excise Chennai Vs Komatsu India Pvt. Ltd. (Supreme Court of India) The Division Bench of the Hon’ble Supreme Court of India, comprising of Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice J K Maheshwari, issued Notice in the case of Commissioner of GST and Central Excise Chennai v. M/s […]

Complaint under Section 138 of Negotiable Instruments Act cannot be transferred as per convenience of accused: SC

October 29, 2022 4743 Views 0 comment Print

Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act cannot be transferred as per convenience of accused. However, as petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance.

SC directs removal of adverse remark against books published by Trust by DIT (Exemptions)

October 28, 2022 1236 Views 0 comment Print

Arsha Vijnana Trust Vs Central Board of Direct Taxes (Supreme Court of India) During the course of hearing, learned senior advocate appearing for the appellant states that he has instructions not to press the present appeal as the denial of grant of exemption/benefit under Section 80G of the Income Tax Act, 1961 even if set […]

Service Tax not payable on Insurance premium received prior to 10.09.2004: SC

October 28, 2022 861 Views 0 comment Print

Commissioner of Central Excise Pune III Vs Bajaj Allianz General Insurance Company Ltd (Supreme Court) The question before the learned Customs, Excise & Service Tax Appellate Tribunal [for short ‘the Tribunal’] was whether the service tax was payable on a premium in terms of the insurance policy covering the future period at revised rates, if […]

Resolution passed by General Body of Society is binding on its members: SC

October 28, 2022 50784 Views 0 comment Print

Bengal Secretariat Cooperative Land Mortgage Bank and Housing Society Ltd Vs Aloke Kumar (Supreme Court of India) Conclusion: Hon’ble Supreme Court while allowing the appeal observed that Resolutions passed by General Body of the Society is supreme and the member of a Society has no independent right qua the Society and it is the Society […]

No penalty for mere mentioning of wrong section if case not falls under Section 114(i) of Customs Act: SC

October 26, 2022 987 Views 0 comment Print

It is the case on behalf of the Revenue that it was a case of wrong mentioning of the Section and the case would fall under Section 114(i) of the Customs Act. It is pointed out that, in the show cause notice, there was a reference to Section 114(i) or 114(iii) of the Customs Act. It is submitted that therefore on mere wrong mentioning of Section, the levy of penalty shall not fail.

Insurance company cannot go beyond grounds mentioned in letter of repudiation of claim: SC

October 22, 2022 6405 Views 0 comment Print

Supreme Court observed that National Commission ought not to have gone beyond the grounds of repudiation of the claim and the matter was remanded to the State Commission for taking a decision afresh on the claim of the appellants on the grounds which formed the basis of repudiation and determine as to whether at the material point of time there was sufficient balance to cover the claim on account of declaration made as regards loss suffered by the appellants.

Compensation under Motor Vehicles Act to be determined as per Pranay Sethi case: SC

October 22, 2022 9798 Views 0 comment Print

Supreme Court after applying the law laid down in Judgment of National Insurance Co. Ltd. v Pranay Sethi have reassessed the amount pertaining to compensation and have enhanced the compensation under the head loss of dependency but have deducted the compensation under the head loss of consortium.

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