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Supreme Court of India

SC grants to Move Representation Seeking Exemption from GST on Disability Aids with GST Council

October 31, 2020 1302 Views 0 comment Print

The petition is filed to seek exemption from GST on Disability aids i.e mobility services. Hence, the Supreme Court granted liberty to the petitioner to move a representation with the GST council for no GST on disability products.

Frame Video Conferencing Rules: SC direct High Courts

October 30, 2020 711 Views 0 comment Print

SC has directed those HC that have not framed Video Conferencing Rules, shall do so having regard to the circumstances prevailing in the State. Till such Rules are framed, the HC may adopt the model Video Conferencing Rules provided by the E-Committee, SC of India to all the Chief Justices of the HC.

No section 68 Addition for URD Purchase supported with Strong Evidences

October 23, 2020 2598 Views 0 comment Print

The issue under consideration is whether claim to purchase of goods by the assessee could be dealt with u/s 68 of the Income Tax as a cash credit, by placing burden upon the assessee to explain that the purchase price does not represent his income from the disclosed sources?

SC explains Infraction of principles of natural justice & Validity of orders passed

October 23, 2020 22902 Views 0 comment Print

State of U.P. Vs Sudhir Kumar Singh and Ors. (Supreme Court) (1) Natural justice is a flexible tool in the hands of the judiciary to reach out in fit cases to remedy injustice. The breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is thereby caused. […]

Stay of Demand automatically expires within Period of 6 Months unless Extension is granted for Good Reason

October 21, 2020 7827 Views 1 comment Print

The issue under consideration is whether the stay of demand granted for 6 months can automatically extend beyond 6 months without any order?

SC dismisses PIL against alleged Mis-utilisation of Funds Lying in NCEF

October 21, 2020 699 Views 0 comment Print

In the Instant case the PIL has been filed by the Petitioner in public interest against the diversion and misutilization of the funds lying in the National Clean Energy Fund (NCEF) in front of Supreme Court.

SC imposes cost of Rs. 25000 on officer for delay of 663 days in appeal filing

October 15, 2020 885 Views 0 comment Print

The State of Madhya Pradesh & Ors. Vs Bherulal (Supreme Court of India) The Special Leave Petition has been filed with a delay of 663 days. We have raised the issue that if the Government machinery is so inefficient and incapable of filing appeals/petitions in time, the solution may lie in requesting the Legislature to […]

Liquidation of Corporate Debtor should be last resort; SC Stays auction of properties of Corporate Debtor

October 15, 2020 3774 Views 0 comment Print

Kridhan Infrastructure Pvt. Ltd. (Now Known As Krish Steel And Trading Pvt. Ltd) Vs. Venkatesan Sankaranaayan & Ors. (Supreme Court) SC held that Liquidation of the Corporate Debtor should be a matter of last resort. The IBC recognizes a wider public interest in resolving corporate insolvencies and its object is not the mere recovery of […]

SC quashes Gujarat Notification exempting factories from paying overtime during lock down

October 11, 2020 1932 Views 0 comment Print

Gujarat Mazdoor Sabha & Anr. Vs. The State of Gujarat (Supreme Court) Facts- The Gujarat Government, on 17th April 2020, issued a notification under section 5 exempting all the factories from various provisions relating to weekly hours, daily hours, intervals for rest etc. for adult workers during the period 20th April 2020 till 19th July […]

SC: Right to compassionate appointment especially to provide successor to a needy family cannot be granted inherently.

October 8, 2020 5094 Views 0 comment Print

There could not be any inherent right to compassionate appointment but rather, it was a right based on certain criteria, especially to provide successor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy was made applicable retrospectively. 

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