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Supreme Court of India

SC grants recognition to transgenders / Eunuchs as third gender

April 16, 2014 1740 Views 0 comment Print

In a historic move, the Supreme Court on Tuesday granted legal recognition to transgenders as ‘third gender’ as a mandate of social justice in response to writy filed by National Legal Services Authority . The apex court ordered the Centre and the states to recognise transgenders as a class apart from male and female.

For the purpose of Section 158BD a satisfaction note is sine qua non -SC

April 2, 2014 3530 Views 0 comment Print

Honourable SC has held in the case of CIT vs. Calcutta Knitwears that for the purpose of Section 158BD of the Act a satisfaction note is sine qua non and must be prepared by the assessing officer before he transmits the records to the other assessing officer who has jurisdiction over such other person.

Legal profession is not business or trade – SC

March 28, 2014 45557 Views 0 comment Print

The legal profession is a noble profession. It is not a business or a trade. A person practising law has to practise in the spirit of honesty and not in the spirit of mischief-making or money-getting. An advocate’s attitude towards and dealings with his client has to be scrupulously honest and fair.

SC Judgment in the case of Muzaffarnagar riots

March 27, 2014 1690 Views 0 comment Print

These writ petitions and other connected matters relate to the riots that broke out on the fateful day of 07.09.2013. The riots erupted in and around District Muzaffarnagar, Uttar Pradesh as a result of communal tension prevailing in the city, which wrecked lives of a large number of people who fled from their homes out of anxiety and fear.

Section 23 of NDPS Act not applies to transport of Indian ganja – SC

March 27, 2014 4292 Views 0 comment Print

Hon’ble SC ruling on UOI Vs. Sheo Shambhu Giri; Section 23 of NDPS Act – import, export, transhipment offenses clarified. March 25, 2014 judgment details.

SC: Assessee entitled to Interest U/s. 244A on refund of excess deduction of tax at source (TAS) made pursuant to order u/s 195

March 19, 2014 4847 Views 0 comment Print

In the present case, it is not in doubt that the payment of tax made by resident/ depositor is in excess and the department chooses to refund the excess payment of tax to the depositor. We have held the interest requires to be paid on such refunds. The catechize is from what date interest is payable, since the present case does not fall either under clause (a) or (b) of Section 244A of the Act.

Charitable & religious trust eligible for Exemption U/s. 11 & 12 if not benefiting any specific religious community- SC

March 19, 2014 17556 Views 0 comment Print

In the case of CIT vs. Dawoodi Bohara Jamat SC has held that the respondent-trust is a charitable and religious trust which does not benefit any specific religious community and therefore, it cannot be held that Section 13(1)(b) of the Act would be attracted to the respondent-trust and thereby, it would be eligible to claim exemption under Section 11 of the Act.

Part of Residential Premises can be used by Doctors, Lawyers etc. – SC

February 26, 2014 37433 Views 5 comments Print

That the Doctors, Lawyers and Architects can use 30 per cent of the area on the ground floor in their premises in residential sector for running their clinics/offices.

SC dismisses SLP – Disallowance of reimbursement of expenses to agents U/s. 40(a)(ia)

February 9, 2014 6988 Views 0 comment Print

Supreme Court (SC) dismisses Special Leave Petition (SLP) in the case of CIT Vs. Gujarat Narmada Valley Fertilizers Company Ltd. filed against decision of Gujarat High Court which upheld the order of Income Tax Appellate Tribunal holding

SC stays sec. 62(5) of Punjab VAT Act -No need to pre-deposit 25% for filing appeal

February 5, 2014 5843 Views 0 comment Print

In a very important case namely Dishnet Wireless Ltd vs The Commercial Tax Officer SLP No. 37727/2013 and in WP(c) No. 69 of 2014 namely Amrit Banaspati Limited vs State of Punjab Supreme Court has granted stay on the operation and implementation of section 62(5) of Punjab VAT Act, 2005.

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