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Supreme Court of India

SC restores Matter to CESTAT for failure to consider appeal on merits

September 21, 2021 1041 Views 0 comment Print

Commissioner of Customs, Pune Vs Ballarpur Industries Ltd. (Supreme Court of India) None of the above findings have been displaced in the order of the Tribunal. The Tribunal has not looked into the merits of the appeals at all on the facetious ground that the show cause notice did not contain any basis to doubt […]

Legislature or its delegate must be given sufficient room to decide quality of individuals in employment

September 21, 2021 1452 Views 0 comment Print

In present facts of the case, the circular issued by Kolkata Municipal Corporation (KMC) was challenged which prescribed separate conditions for diploma and degree holder Sub-Assistant Engineers (SAE) for supernumerary appointments as Assistant Engineers (AE).

SC ruling on interest chargeability under section 234B

September 17, 2021 9078 Views 1 comment Print

Director of Income Tax Vs Mitsubishi Corporation (Supreme Court of India) 1. In the judgment delivered by the Supreme court today on chargeability of interest u/s 234B it is held that prior to the financial year 2012-13, the amount of income-tax which is deductible or collectible at source can be reduced by the assessee while […]

Caretaker/Servant Acquires no Interest In Property Irrespective of Possession duration: SC

September 16, 2021 2052 Views 0 comment Print

Himalaya Vintrade Pvt. Ltd. Vs Md. Zahid & Anr. (Supreme Court of India) In our considered view, the Trail Court has committed a manifest error in appreciating the pleadings on record from the plaint filed at the instance of respondent no.1-plaintiff who as a caretaker/servant can never acquire interest in the property irrespective of his […]

No section 10(23C) Exemption to any hospital not existing solely for philanthropic purposes: SC

September 15, 2021 1155 Views 0 comment Print

Ashwini Sahakari Rugnalaya & Res. Centre Vs CCIT & Ors. (Supreme Court) The short question which arises for consideration is the claim of the appellant for benefit under Section 10 (23C) (via) of the Income Tax Act, 1961 for the assessment years 1999-2000 to 2002- 2003. The benefits in terms of the section are available […]

Delay cannot be condoned beyond statutory period of 15 Days stipulated u/s 61(2) of IBC

September 14, 2021 2958 Views 0 comment Print

National Spot Exchange Limited Vs Anil Kohli (Supreme Court of India) Conclusion: NCLAT had rightly refused to condone the delay of 44 days in preferring the appeal against the order passed by the NCLT and rejected the claim of the appellant as the period of 15 days which maximum could have been condoned in view […]

SC upheld CGST rule 89(5) validity

September 13, 2021 9015 Views 1 comment Print

Union of India & Ors. Vs VKC Footsteps India Pvt Ltd. (Supreme Court) The Apex Court Sets aside the order of Gujarat HC and upheld the order of Madras HC. Although the Hon’ble Court has noted some anomalies and suggested the GST Council to look into the same. Background:  (Gujarat High Court) The Division Bench […]

SC to examine if Dismissal of Writ for Delay Can Come in Way for Party to File another Plea Involving Similar Contention

September 13, 2021 1260 Views 0 comment Print

SC issues notice in Apollo Tyres Ltd. Vs ACIT case, petitioner contests non-suiting by relying on contrary views of other High Courts.

Submitted Resolution Plan cannot be modified by Resolution Applicant: SC

September 13, 2021 6117 Views 0 comment Print

Ebix Singapore Private Limited Vs Committee of Creditors of Educomp Solutions Limited & Anr. (Supreme Court of India) This Court is cognizant that the extraordinary circumstance of the COVID-19 pandemic would have had a significant impact on the businesses of Corporate Debtors and upon successful Resolution Applicants whose Plans may not have been sanctioned by […]

SC Ruling On Section 14A -Keep Tax System Convenient & Simple

September 9, 2021 4128 Views 1 comment Print

South Indian Bank Ltd Vs Commissioner of Income Tax (Supreme Court of India) 1. For purposes of 14A, a presumption can be made that investments have been made out of interest free funds even when there are mixed funds and there is no bifurcation in books of accounts for interest expense. 2. It needs to […]

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