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Supreme Court of India

Service tax on works contract is leviable only from 1st June 2007

August 5, 2022 3033 Views 0 comment Print

Held that service tax on works contract is leviable only from 1st June 2007. Prior to that there was no concept of works contract under the Finance Act, 1994.

Books of account cannot be treated as acknowledgement of liability in respect of debt payable to a Financial Creditor: SC

August 4, 2022 6105 Views 0 comment Print

SC held that books of account of a company could not be treated as acknowledgement of liability in respect of debt payable to a Financial Creditor (FC)

Multiplicity of Proceedings Not In Larger Public Interest: SC

August 4, 2022 1755 Views 0 comment Print

SC of the opinion that multiplicity of the proceedings will not be in the larger public interest. We may hasten to add that the concerned States have no objection for abiding with such dispensation.

SC directs GST council to implement Document Identification No (DIN)

August 3, 2022 16224 Views 0 comment Print

SC directs GST Council to issue advisories to all the States for implementation of Document Identification No (DIN) in Indirect Tax administration. The Court has also directed all the States to implement the system of DIN at the earliest.

Two Arbitration Proceedings for Same Contract/Transaction not allowed: SC

August 3, 2022 1569 Views 0 comment Print

Tantia Constructions Limited Vs Union of India (Supreme Court of India) Having heard the learned counsel for the petitioner, we are of the firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction. It is not in dispute that in the present case, earlier the dispute was referred to arbitration […]

SC upheld HC Order Directing CBDT to Accept Belated Income Tax Return

August 2, 2022 1812 Views 0 comment Print

Central Board of Direct Taxes Vs Vasudeva Adigas Fast Food Pvt. Ltd (Supreme Court) SC held that having considered the facts and circumstances due to which the respondent-assessee, at the relevant time, could not file the return of income within the time prescribed, the order passed by the High Court directing the Revenue to condone […]

Counter-claim of a party cannot be rejected merely because claims were not notified prior to initiating arbitration

August 2, 2022 7296 Views 0 comment Print

National Highway Authority of India Vs Transstroy (India) Limited (Supreme Court) The counter-claim of a party cannot be rejected for the simple reason that the claims were not notified prior to initiating arbitration. Facts of the Case: The National Highway Authority of India and Transstroy (India) Limited entered into an Engineering Procurement and Construction Agreement […]

GST payable on Haj pilgrimage services by Private Tour Operators

August 1, 2022 12330 Views 0 comment Print

All India Haj Umrah Tour Organizer Association Vs Union of India (Supreme Court of India) Held that there is no discrimination done when GST exemption is available only on services or religious pilgrimage facilitated by Central/ state government, whereas, private tour operators are excluded from the purview of exemption. Facts- The broad question involved in […]

Section 197(1)TDS certificate – Difference of opinion – SC refers matter to Large Bench

July 31, 2022 1173 Views 0 comment Print

National Petroleum Construction Company Vs DCIT (Supreme Court of India) Indira Banerjee, J. Leave granted. 2. This appeal is against the judgment and final order dated 20th December 2019 passed by High Court of Delhi dismissing the Writ Petition being Writ Petition (C) No.8527 of 2019 filed by the Appellant against the refusal of the […]

Application for initiation of CIRP by operational creditor cannot be admitted if debit is disputed

July 30, 2022 3060 Views 0 comment Print

Held that operational creditor can trigger CIRP process only in case of undisputed debt and default in payment thereof. However, if the debit is disputed, the application of the operational creditor for CIRP process cannot be admitted.

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