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Supreme Court of India

SC directs Bombay HC to hear issue of short tenure of 2 years for Members of Sales Tax Tribunal

January 22, 2021 1269 Views 1 comment Print

Supreme Court has directed that the Tax Bar Association v State of Maharashtra pending in the Bombay High Court which challenges the very short tenure of 2 years for Members of Sales Tax Tribunal should be heard finally on 22.2.2021. This is in view of desperate situation of vacancies in the Tribunal.

Arbitrator appointment- Section 12(5) read with Seventh Schedule is mandatory 

January 20, 2021 8001 Views 0 comment Print

Haryana Space Application Centre (Harsac) & Anr Vs Pan India Consultants Pvt. Ltd (Supreme Court of India) We are of the view that the appointment of the Principal Secretary, Government of Haryana as the nominee arbitrator of HARSAC which is a Nodal Agency of the Government of Haryana, would be invalid under Section 12(5) of […]

SC upholds Sections 3, 4 & 10 of IBC Amendment Act 2020

January 19, 2021 6723 Views 0 comment Print

Manish Kumar Vs Union of India (Supreme Court) The petitioners have approached Supreme Court under Article 32 of the Constitution of India. They call in question Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020. Court held as follows:- We uphold the impugned amendments. However, this is subject to the […]

No exemption under CST Act for Interstate Sales: SC

January 13, 2021 3093 Views 0 comment Print

Vellanki Frame Works Vs Commercial Tax Officer (Supreme Court) Supreme Court held that, we are clearly of the view that the claimed exemption under Section 5(2) of the CST Act has rightly been denied to the appellant and the High Court has been justified in dismissing the writ petitions filed by the appellant. The High […]

Supreme Court explains section 80P(4) deduction

January 12, 2021 28572 Views 2 comments Print

The Mavilayi Service Coop Bank Ltd Vs. CIT (Supreme Court of India) Limited object of section 80P(4) is to exclude co-operative banks that function at par with other commercial banks i.e. which lend money to members of the public. Thus, if the Banking Regulation Act, 1949 is now to be seen, what is clear from […]

SC imposes cost on Govt officer for Casual & Delayed Appeal Filing

January 11, 2021 939 Views 0 comment Print

State of Odisha & Ors. Vs Sunanda Mahakuda (Supreme Court of India) Looking to the period of delay and the casual manner in which the application has been worded, we consider appropriate impose costs of Rs.25,000/- to be deposited with the Supreme Court Advocates On Record Welfare Fund. The amount be deposited in four weeks. […]

One sided terms & conditions in agreement for sale of flat amounts to unfair trade practice

January 11, 2021 7875 Views 0 comment Print

IREO Grace Realtech Pvt. Ltd. Vs Abhishek Khanna & Others (Supreme Court of India) Section 14 of the 1986 Act empowers the Consumer Fora to redress the deficiency of service by issuing directions to the Builder, and compensate the consumer for the loss or injury caused by the opposite party, or discontinue the unfair or […]

Civil aspect of fraud can be adjudicated by an Arbitral Tribunal

January 11, 2021 3075 Views 0 comment Print

The arbitration agreement would not be rendered invalid, un-enforceable or non-existent, even if the substantive contract is not admissible in evidence, or cannot be acted upon on account of non-payment of Stamp Duty.

GST TRAN-I- SC dismisses plea on merit & also for delay in Filing

January 9, 2021 1983 Views 0 comment Print

Nodal Officer Delhi State GST Department Vs Aagman Services Private Limited & Ors. (Supreme Court) 1. There is delay of 238 days in filing the Special Leave Petition which has not been satisfactorily explained. Even otherwise, we have gone through the Special Leave Petition and do not find any merit in the same. 2. The […]

SC: Challenge Constitutional validity of CGST provisions before HC

January 7, 2021 6285 Views 0 comment Print

Supreme Court of India in Devendra Dwivedi vs Union of India & ors. [Writ Petition(s) (Criminal) No(s). 272/2020, dated January 7, 2021] dismissed writ petition under Article 32 of the Constitution of India, challenging constitutional validity of certain provisions of Central Goods and Services Tax Act, 2017

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