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Supreme Court of India

Khasgi trust is a public trust & trust property can be alienate as per section 14 of Public Trust Act

July 30, 2022 4710 Views 0 comment Print

The Khasgi (Devi Ahilyabai Holkar Charities) Trust Vs Vipin Dhanaitkar (Supreme Court of India) Held that as Public Trust Act is applicable to the Khasgi Trust, the Trustees cannot alienate the trust properties without complying with section 14. Facts- The main issue involved here is that whether Khasgi Trust is a Public Trust. Also, whether […]

Decision by General Manager on notified claims not subjected to arbitration proceeding

July 29, 2022 1377 Views 0 comment Print

Held that once such a dispute falls within the excepted matters, any decision by the General Manager on the issue of Notified Claims cannot be the subject matter of arbitration proceeding.

Summary of SC judgment in PMLA – Vijay Madanlal Choudhary Vs UOI

July 28, 2022 13599 Views 0 comment Print

Vijay Madanlal Choudhary & Ors. Vs Union of India & Ors. (Supreme Court) (i) The question as to whether some of the amendments to the Prevention of Money-laundering Act, 2002 could not have been enacted by the Parliament by way of a Finance Act has not been examined in this judgment. The same is left […]

SC directs GSTN to open portal for filing of TRAN-1 and TRAN-2 (Read Judgment)

July 25, 2022 16476 Views 0 comment Print

Goods and Service Tax Network (GSTN) is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022.

Courts cannot modify any award decided by Arbitrator: SC

July 19, 2022 4452 Views 0 comment Print

Courts do not have the power to modify any award decided by the Arbitrator under Sections 34 and 37 of Arbitration and Reconciliation Act, 1996 – Supreme Court

Body corporate covered under ‘consulting engineer’ & liable to service tax

July 17, 2022 1647 Views 0 comment Print

Held that body corporate is not excluded from payment of service tax and covered within the definition of consulting engineer.

Reason to believe for conduct of search, is not required to be disclosed

July 16, 2022 3816 Views 0 comment Print

PDIT Vs Laljibhai Kanjibhai Mandalia (Supreme Court of India) Held that, in terms of the explanation inserted by the Finance Act, 2017 with retrospective effect from 1.4.1962, search conducted on the reason to believe is not required to be disclosed to any person or any authority or the appellate tribunal. Facts- The assessee provide loan […]

SC on Adjudicating Authority have Discretionary power to admit application of Financial Creditor for initiation of CIRP: SC

July 16, 2022 2403 Views 0 comment Print

Supreme Court vide its order dated 12th July, 2022 held that section 7(5)(a) of Insolvency and Bankruptcy Code, 2016 (the Code), confers discretionary power on the Adjudicating Authority (AA) to admit an application of a Financial Creditor (FC) under section 7 of the Code for initiation of Corporate Insolvency Resolution Process (CIRP).

Proceedings concluded due to no tax dues and zero tax effect

July 15, 2022 3453 Views 1 comment Print

Held that as the issue in question is in the academic interest and as there is no revenue implication as there are no tax dues and therefore there is zero tax effect, we close the present proceedings keeping the larger question on the Common Parlance Test open

Time limits, based on circumstance, can be compelling guidelines or mandatory prescription

July 15, 2022 1245 Views 0 comment Print

Held that time limits placed by the legislature intends to enforce discipline in governance and could therefore be compelling guidelines or even mandatory prescriptions. Matter referred to three judge bench.

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