State of Uttar Pradesh & Ors Vs Dr. Manoj Kumar Sharma (Supreme Court of India) It is common knowledge that the Executive has become autocratic and deliberately disobey/discard the declarations of law and directions of the Courts. Consequently, when such matters crop up before the High Courts, they summon the highhanded officials to explain the circumstances […]
Sakthi Metal Depot Vs CIT (Supreme Court of India) the building which was acquired by the assessee in 1974 and in respect of which depreciation was allowed to it as a business asset for 21 years, that is upto the assessment year 1995-96, still continued to be part of the business asset and depreciable asset, […]
SC dismisses Revenue’s Special Leave Petition (SLP) against the Customs Excise and Service Tax Appellate Tribunal (CESTAT) order which had held that marketing, advertising, sponsorship and promotional expenses/payments made by the assessee (importer) for promotion of brand is not includible in assessable of imported sports goods and thus, Rule 10(1)(e) of Customs (Determination of Price of Imported Goods) Rules, 2007 (Customs Valuation Rules) is not invokable.
ICAI issues COVID-related opt-out facility for CA exams. SC directs expanded provisions. Last-minute center changes allowed. Next hearing on July 2
Commissioner of Customs Vs Sikkim Manipal University (Supreme Court of India) FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER We have perused the application for condonation of delay. No doubt some time period was spent in the High Court, but the High Court ultimately held that the appeal would not be maintainable but will lie to […]
Merely because similar matters are pending is not a ground to grant leave and take the matter when the authorities have been negligent in filing the appeal. We have repeatedly emphasized that unless the case is brought within the parameters of Chief Post Master General & Ors. v. Living Media India Ltd. & Anr. –(2012) 3 SCC 563, we would not be inclined to condone the delay and have in fact dismissed the special leave petitions with cost categorizing them as “certificate cases” only brought before the Court to complete a formality and save the skin of the officers concerned.
Bandhua Mukti Morcha Vs Union of India & Ors. (Supreme Court of India) In a Suo Motu Writ Petition, Hon’ble Supreme Court observed that a direction need to be issued to the States/Union Territories to register all establishments and license all contractors under the Inter State Migrant Workers Act, 1979 and ensure that statutory duty […]
SC has imposed penalty of 25000/- INR on the Revenue Department for delay in filing the Special Leave Petition (“SLP”) for wastage of judicial time. Further, directed to recover the amount from officers responsible for the delay in filing the SLP.
When the settlement with regard to a dispute between the parties was not arrived at under Section 18 of MSMED Act, 2006, necessarily, the Micro and Small Enterprises Facilitation Council should take up the dispute for arbitration under Section 18(3) of the 2006 Act or it might refer to institution or Centre to provide alternate dispute resolution services and provisions of Arbitration and Conciliation Act 1996 were made applicable as if there was an agreement between the parties under sub-section (1) of Section 7 of the 1996 Act. Therefore, Limitation Act, 1963 was applicable to the arbitration proceedings under Section 18(3) of the 2006 Act.
The Court ordered the absolute Confiscation of Peas and Pulses but if the importer concerned opted for re-export, within another period of two weeks from today, such a prayer for re- export might be granted by the authorities after recovery of the necessary redemption fine and subject to the importer discharging other statutory obligations. If no such option was exercised within prescribed time, the goods should stand confiscated absolutely.
