Supreme Court of India

Car mattings are not vehicle accessories for Excise Duty payment: SC

Commissioner of Central Excise Vs UNI Products India Ltd. (Supreme Court)

Commissioner of Central Excise Vs UNI Products India Ltd. (Supreme Court of India) The core issue in these appeals is as to whether car mats come under chapter-heading 57.03 or not. In the second appeal, the numerical representation of the product, as claimed by the assessee, was different but that difference is not of much […]...

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SC on entitlelment of Gratuity U/s. 4(5) of Payment of Gratuity Act, 1972

BCH Electric Limited Vs Pradeep Mehra (Supreme Court)

BCH Electric Limited Vs Pradeep Mehra (Supreme Court) In a notable judgment in the field of gratuity law, the Supreme Court held that Section 4(5) of the Payment of Gratuity Act, 1972 will apply only when there are alternative options for the employee under the Act and under the terms of contract with the employee. […]...

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Objections on Jurisdiction after Award cannot be raised if Appellant not participated in Arbitral Proceedings: SC

Quippo Construction Equipment Limited Vs Janardan Nirman Pvt. Limited (Supreme Court)

It was possible for the respondent to raise submissions that arbitration pertaining to each of the agreements be considered and dealt with separately. It was also possible for him to contend that in respect of the agreement where the venue was agreed to be at Kolkata, the arbitration proceedings be conducted accordingly....

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No exemption from tax liability in case principles of mutuality reiterated

Yum Restaurants (Marketing) Pvt. Ltd. Vs CIT (Supreme Court)

The doctrine of mutuality bestows a special status to qualify for exemption from tax liability. It is a settled proposition of law that exemptions are to be put to strict interpretation. Asssessee having failed to fulfil the stipulations and to prove the existence of mutuality, the question of extending exemption from tax liability to ass...

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Enforcement of A Foreign Award & Public Policy of India under Arbitration Act

National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A. (Supreme Court of India)

The Court was satisfied that enforcement of such foreign award shall be against the public policy of India and therefore, the award was denied enforcement. This Court further held that the award could be enforced as per Section 7 (1) (a) (i) of the Foreign Awards Act which protects the parties who are under inability to perform their obli...

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Rule 9(1)(e) of Valuation Rules could not be applied to every Import which was not dependent on one other

Commissioner of Customs (Port) Kolkata Vs Steel Authority of India Ltd. (Supreme Court)

Authorities was not justified in holding that it was a turnkey project, importation of equipment and post-importation project implementation exercise were mutually dependent as reading such implied conditions into the contracts would be impermissible in the absence of any other material to demonstrate subsistence of such conditions....

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SC on Sufficiency of Notice Sent under Certificate of Posting

Mohd. Asif Naseer Vs West Watch Company (Supreme Court)

Mohd. Asif Naseer Vs West Watch Company (Supreme Court) It may be so that mere receipt of notice having been sent under certificate of posting, in itself, may not be sufficient proof of service, but if the same is coupled with other facts and circumstances which go to show that the party had notice, the […]...

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Tax on Income of Liaison offices carrying business of preparatory or auxiliary character

Union of India & Anr. Vs U.A.E. Exchange Centre (Supreme Court)

Since the activities carried on by the liaison office of the non-resident in India was to only carry on such activity of a 'preparatory or auxiliary' character, therefore, the same was not a PE in terms of Article 5 of the DTAA and the deeming provisions in Sections 5 and 9 of the 1961 Act could have no bearing....

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SC instructs RBI to ensure implementation of RBI Circular dated 27.03.2020

Kamal Kumar Kalia Vs Union of India (Supreme Court)

Learned counsel for the petitioner submits that  Circular dated 27.03.2020 issued by the Reserve Bank of India has not been implemented by the banks. Hon'ble Supreme Court directs the Reserve Bank of India to ensure implementation of the Circular dated 27.03.2020 in its letter and spirit....

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SC upheld constitutional validity of Section 43B(f) of Income Tax Act, 1961

Union of India & Ors. Vs Exide Industries Limited & Anr. (Supreme Court)

Union of India & Ors. Vs Exide Industries Limited & Anr. (Supreme Court) Before the judgment in Bharat Earth Movers (supra), various tribunals and High Courts across the country were treating the liability in lieu of leave encashment as a contingent liability. This did not go down well with the assessees following the mercantile a...

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