Explore Amit Sahni’s challenge to Income Tax Act Section 194A(3)(ixa) at the Supreme Court of India. Details on the dismissal and legal considerations.
The claim of assessee stood at Rs. 96,41,765.31 for not making the due payments against the 189 consignment of the respondents was acceptable as the respondent had taken up wholly untenable ground that the large number of documents such as invoices, debit notes and ST-1 Form spread over 3 months was an exercise of duress to defeat the legitimate claim raised by assessee.
At this stage, suffice for us to say that while referring to category ‘C’, inadvertently, Section 45 of Prevention of Money laundering Act (PMLA) has been mentioned which has been struck down by this Court. Learned ASG states that an amendment was made and that is pending challenge before this Court before a different Bench. That would be a matter to be considered by that Bench.
Supreme Court ruling on admission of money with onus to prove full settlement. Section 70, Indian Contract Act, discussed. Appellant entitled to decree.
M. C. Mehta Vs Union of India & Ors. (Supreme Court of India) There has been a request for removal of cap of 1,00,000 autos and we are informed that there is a recommendation made by the EPCA to that effect. The removal of the cap of the number fixed by this Court on 11.11.2011 […]
Bijnor Urban Cooperative Bank Limited Vs Meenal Agarwal (Supreme Court of India) The Apex court of the Nation ruled out in a recent judgement (Dec 15, 2021 reg matter of Bijnor Urban Cooperative Bank Limited) – that no court can direct a bank or a financial institution (FI) to offer one-time settlement (OTS) to a […]
E S Krishnamurthy & Ors. Vs Bharath Hi Tech Builders Pvt. Ltd. (Supreme Court) Conclusion: What the Adjudicating Authority and Appellate Authority had proceeded to do was to abdicate their jurisdiction to decide a petition under Section 7 by directing the respondent to settle the remaining claims within three months and leaving it open to […]
ITO Vs V. Mohan & Anr. (Supreme Court of India) SC explains service of Notice under section 8 of Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 We are of the considered opinion that Section 6(1) of the 1976 Act nowhere provides that it is “mandatory” to serve the convict or detenu with […]
N. Raghavender Vs State of Andhra Pradesh (Supreme Court) Section 409 IPC pertains to criminal breach of trust by a public servant or a banker, in respect of the property entrusted to him. The onus is on the prosecution to prove that the accused, a public servant or a banker was entrusted with the property […]
Beereddy Dasaratharami Reddy Vs V. Manjunath (Supreme Court of India) Right of the Karta to execute agreement to sell or sale deed of a joint Hindu family property is settled and is beyond cavil vide several judgments of this Court including Sri Narayan Bal and Others v. Sridhar Sutar and Others,2 wherein it has been […]
