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Supreme Court of India

Date of Award is Date of Accrual of Gains under Section 45 in case of Compulsory Acquisition

September 2, 2020 1503 Views 0 comment Print

The issue under consideration is whether the High Court was right in taking the date of award as the date of accrual of capital gains for the purpose of Section 45 of the Act of 1961?

Custom Duty is to be paid when condition of exemption not fulfilled

September 1, 2020 1149 Views 0 comment Print

L. R. Brothers Indo Flora Ltd. Vs Commissioner of Central Excise (Supreme Court of India) The factual matrix leading to the present appeal is that the appellant M/s. L.R. Brothers Indo Flora Ltd. is a 100% Export Oriented Unit3 and engaged in production of cut flowers and flower buds of all kinds, suitable for bouquets […]

SC explains Excise Valuation Principal for under Invoiced Goods pre & Post 01.07.2000

August 24, 2020 1494 Views 0 comment Print

Commissioner of Central Excise Vs Cera Board and Doors (Supreme Court) In fine, these appeals are disposed of, confirming the impugned orders of CESTAT setting aside the Orders ­in­ Original passed by the Adjudicating Authorities and remanding the matters back for re­adjudication. However, while carrying out the exercise of re­adjudication, the Adjudicating Authorities should keep […]

SC Overrides Agreement while Compensating Flat Buyer for delayed possession

August 24, 2020 49272 Views 2 comments Print

Delays and defaults are common in real estate development. The Flat buyers are usually left in the lurch where the Developer delays the delivery of the constructed units incessantly. This prompted the government to enact Real Estate (Regulation and Development) Act, 2016.

SC allows CBI probe into Sushant Singh Rajput Death Case

August 19, 2020 828 Views 0 comment Print

Rhea Chakraborty Vs State of Bihar & Ors. (Supreme Court) Supreme Court in a deserving case, can invoke Article 142 powers to render justice. The peculiar circumstances in this case require that complete justice is done in this matter. How this is to be achieved must now be decided. As noted earlier, as because both […]

Any additional payment over & above invoice value includible in transaction value: SC

August 19, 2020 792 Views 0 comment Print

Commissioner of Central Excise, Customs And Service Tax Vs. Cera Boards And Doors (Supreme Court) In fine, these appeals are disposed of, confirming the impugned orders of CESTAT setting aside the Orders ­in­Original passed by the Adjudicating Authorities and remanding the matters back for re­adjudication. However, while carrying out the exercise of re­adjudication, the Adjudicating […]

SC Refuses to transfer Money from PM CARES Fund to NDRF

August 18, 2020 798 Views 0 comment Print

The issue under consideration is whether the Supreme court will grant permission for transferring the money collected in PM Cares fund to the National Disaster Relief Fund?

Analysis of SC judgment in the case of Babulal Vardharji Gurjar

August 14, 2020 4740 Views 0 comment Print

Babulal Vardharji Gurjar Vs Veer Gurjar Aluminium Industries Pvt. Ltd. & anr. (Supreme Court) While setting aside the Order dated 14th May, 2019 of the NCLAT in Company Appeal (AT) Insolvency No. 549 of 2018 and Order dated 9th August, 2018 of the National Company Law Tribunal, Mumbai Bench in CP(IB)-488/I&BP/MB/2018, on the ground that […]

Daughters have Equal rights to inherit ancestral property even if born prior to 9.9.2005: SC

August 11, 2020 13851 Views 1 comment Print

Equality reaffirmed by the Supreme Court in a recent judgement delivered on August 11, 2020. It has been held that a daughter will have a share under the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment.

SC dismisses plea challenging exclusion of CM Relief Fund from CSR

August 10, 2020 1959 Views 0 comment Print

The Supreme Court dismissed the petition filed by the assessee challenging decision of Central Government to excluding Chief Minister’s Relief Fund from the purview of Corporate Social Responsibility (CSR).

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