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Supreme Court of India

Proportionate disallowance of interest U/s. 14A not warranted if interest free own fund exceeds investment: SC

September 14, 2022 1839 Views 0 comment Print

CIT Vs UTI Bank Ltd (Supreme Court of India) SC upheld its judgment in ‘South Indian Bank Ltd. v. Commissioner Of Income Tax’ and held that the proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds/ securities which yield tax free dividend and […]

Challenge to constitutional Section 17(5)(d) of CGST Act, 2017 before SC

September 13, 2022 7659 Views 0 comment Print

SC will hear issue of constitutional validity of Section 17(5)(d) of CGST Act, which does not allow input tax credit on immovable property

Consider value of returned goods for Determining Value for Refund – SC – Section 173L – Central Excise Act

September 11, 2022 876 Views 0 comment Print

For considering value for refund under Section 173­L of Central Excise Act, what is required to be considered is value of returned goods

Arbitrator has discretion to grant post-award interest: SC

September 11, 2022 4920 Views 0 comment Print

Arbitrator has discretion to grant post-award interest. Section 37(1)(b) does not fetter discretion of arbitrator to grant post-award interest

New Arbitral Tribunal directed to be formed due to fee dispute under Article 142 of Constitution of India: SC

September 10, 2022 975 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court of India invoked Article 142 of the Constitution of India and have directed to form new arbitral Tribunal due to disputes in the fee structure provided in IV Schedule of the Arbitration and Conciliation Act, 1996.

Government being a secured creditor can claim first charge: SC

September 10, 2022 3255 Views 0 comment Print

Held that Section 48 of the GVAT Act is not contrary to or inconsistent with Section 53 of the IBC. U/s. 53(1)(b)(ii), the debts owed to a secured creditor, which would include the State under the GVAT Act. Accordingly, the Government can claim first charge over the property of the Corporate Debtor

SC dismisses SLP against notice u/s 148A(b) & P&H HC order in Gian Castings

September 8, 2022 4653 Views 0 comment Print

AO has passed order u/s 148A(d) and issued notice u/s 148 of the Act. The AO was issued notice u/s 148A(b) of the Act along with details of information and the inquiry forming basis of reopening.

SC dismisses SLP of assessee challenging Section 148A(d) order

September 8, 2022 13740 Views 0 comment Print

Supreme Court dismisses Anshul Jain’s SLP challenging the re-opening notice under Section 148A(d) of the Income Tax Act. High Court’s decision upheld

SC Orders cannot be treated as Paper Orders & must be followed in true sprit

September 6, 2022 3129 Views 0 comment Print

When an order has been passed by SC, it has to be given effect in letter and spirit & it cannot be permitted to be treated as a paper order.

Drawer Liable even if Cheque details were filled up by Someone else

September 5, 2022 7557 Views 0 comment Print

A drawer who signs a cheque and hands it over to the payee, is presumed to be liable unless the drawer adduces evidence to rebut the presumption that the cheque has been issued towards payment of a debt or in discharge of a liability. The presumption arises under Section 139.

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