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Supreme Court of India

Download Supreme Court Judgment in Ram Janma Bhoomi Case

November 9, 2019 32745 Views 1 comment Print

The Supreme Court has delivered its verdict on the Ram Janmabhoomi–Babri Masjid land dispute in Ayodhya. n a unanimous judgment, the Bench led by Chief Justice of India Ranjan Gogoi has ordered that a temple must be constructed at the disputed site and the Muslims must be compensated with five acres of land at a […]

SC orders IRP to complete CIRP concerning Jaypee Infratech within 90 days

November 6, 2019 1431 Views 0 comment Print

We direct the Interim Resolution Professional (IRP) to complete the Corporate Insolvency Resolution Process (CIRP) within 90 days from today. In the first 45 days, it will be open to the IRP to invite revised resolution plan only from Suraksha Realty and NBCC respectively, who were the final bidders and had submitted resolution plan on the earlier occasion and place the revised plan(s) before the Committee of Creditors (CoC), if so required, after negotiations and submit report to the adjudicating authority NCLT within such time.

Delay In Filing VAT Appeal to High Court can be condoned: SC

November 6, 2019 7854 Views 0 comment Print

Power to Condone Delay under limitation Law applies to Special Or Local Laws unless Expressly Excluded:  In a recent Supreme Court judgement dt 25.10.2019, in Superintending Engineers v/s Excise and Taxation Officer , it has been held , that delay in filing Revision against order of Tribunal beyond limitation prescribed under VAT Act can be condoned and judgment in Patel Bros v/s State of Assam 2017(2) SCC 350 appears to be overruled by necessary implication.

Withdrawal of exemption from duty/tax – Principle of promissory estoppel not invokable if public interest so warrants

November 5, 2019 2679 Views 0 comment Print

Union of India Vs Unicorn Industries (Supreme Court) 3 Judge Bench of Supreme Court has held that the inapplicability of doctrine of promissory estoppel is established when the larger public interest demands so. Observing that pan masala (with or without tobacco) was found to be one of the causes of oral cancer, the Court was […]

Pass an order which we can understand- SC to High Court

November 4, 2019 1452 Views 0 comment Print

On perusal of the impugned order, we find it is unintelligible and we could not decipher what has been decided by the High Court. We, accordingly, set aside the order and remit the matter to the High Court. We request the High Court to pass an order which we can understand.

Disallowance cannot be made solely on third party information- Section 68/69

November 3, 2019 5202 Views 0 comment Print

The entire disallowance in this case is based on third party information gathered by the Investigation Wing of the Department, which have not been independently subjected to further verification by the AO who has not provided the copy of such statements to the appellant, thus denying opportunity of cross examination to the appellant, who has prima facie discharged the initial burden of substantiating the purchases through various documentation including purchase bills, transportation bills, confirmed copy of accounts and the fact of payment through cheques, & VAT Registration of the sellers & their Income Tax Return.

AO justified in sending notice at address mentioned in PAN database

October 31, 2019 4947 Views 0 comment Print

Mere mentioning of the new address in the return of income without specifically intimating the Assessing Officer with respect to change of address and without getting the PAN database changed, is not enough and sufficient.

Letters in refutal of allegations contained in news items cannot be treated as admission of non-disclosure

October 29, 2019 921 Views 0 comment Print

M/s Goodyear India Ltd. Vs CIT (Supreme Court) The High Court essentially placed reliance on two letters written by the assessee and assumed that it was in the form of admission of non-disclosure and an offer was given by the assessee to pay the tax and penalty, as the case may be. We have perused […]

SC set aside Delhi HC order restraining I-T dept from taking action Gautam Khaitan

October 21, 2019 786 Views 0 comment Print

Union of India and Ors. Vs Gautam Khaitan (Supreme Court) Scheme of the Black Money Act is to provide stringent measures for curbing the menace of black money. Various offences have been defined and stringent punishments have also been provided. However, the scheme of the Black Money Act also provided one time opportunity to make […]

Partnership deed not automatically binds legal heirs of deceased partner

October 18, 2019 14745 Views 0 comment Print

S.P. Misra & Ors. Vs Mohd. Laiquddin Khan & Anr. (Supreme Court) It is true that as per the deed of partnership, the partners have agreed, in the event of death of either party, their respective legal representatives shall automatically become partners in the partnership firm and they shall continue to act as partners of […]

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