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Supreme Court of India

Valuation of Taxable services|Service Tax |Bhayana Builders Case Analysis

May 4, 2019 5451 Views 0 comment Print

This is with reference to the judgment pronounced by Honorable Supreme Court of India in case of Commissioner of Service Tax vs. Bhayana Builders P Ltd dated 19th February 2019 whereby the apex court has considered/analyzed the arguments given the Revenue legal counsel on the aspect of valuation of taxable services under Service Tax where […]

High Court not justified in issuing remarks / direction against DCIT: SC

April 28, 2019 1626 Views 0 comment Print

High Court was not justified in its remarks against the petitioner and in issuing the directions which it has issued. The High Court, in the course of its judgment has issued a slew of directions including: (i) The necessity of weeding out ‘deadwood’; (ii) imposition of costs of Rs. 1.5 lakhs which are to be apportioned among two officers, out of them being the petitioner; (iii) Making an adverse entry in the Annual Confidential Reports of the petitioner; and (iv) Denial of promotion including monetary benefits to the petitioner.

Salary reimbursement not taxable “Manpower recruitment”

April 27, 2019 6816 Views 2 comments Print

This is with reference to Supreme Court judgement dated 11-04-2019 in case of Nissin Brake India Pvt. Ltd where the transaction between  the Indian entity and parent company with respect to deputation of its employees in India was discussed and the decision pronounced by the CESTAT (Delhi) was upheld by the apex court. Facts of […]

SC Ruling: Effect of dismissal of SLP filed before Supreme Court

April 23, 2019 11379 Views 1 comment Print

In the case of Khoday Distilleries Ltd. The SC has explained the judicial effect of the dismissal of a Special Leave Petition, filed under Article 136 of the Indian Constitution.

RBI’s circular directing bank to take recourse to IBC is ultra vires to section 35AA

April 20, 2019 4596 Views 0 comment Print

Hon’ble Supreme Court held that RBI Circular directing bank to take recourse to Insolvency and Bankruptcy Code (IBC)  is ultra vires to Section 35AA of the Banking Regulation Act.

SC refuses to stay HC order Quashing Criminal Proceedings against Chidambaram family

April 18, 2019 1203 Views 0 comment Print

Principal CCIT Vs Nalini Chidambaram (Supreme Court of India) Learned counsel for the petitioners prays for interim stay of the judgment of the High Court on the ground that the said judgment may be acted upon in other similar cases. While, we decline the prayer for stay, as the same would amount to grant of […]

HC cannot dismiss Revenue’s appeal in limine holding that no substantial question of law involved

April 16, 2019 1467 Views 0 comment Print

High Court was not justified in dismissing the appeal on the ground that the appeal did not involve any substantial question of law as it had to decide validity of s. 148 notice, whether notice based on change of opinion, assessed reasons to believe and findings recorded by ITAT on merits whether was legally sustainable.

Dharmada cannot be included in transaction value of goods: SC

April 15, 2019 3006 Views 0 comment Print

When an amount was paid as Dharmada along with the sale price of goods, such payment was not made in consideration of the transfer of goods but for charity, therefore, the same did not form part of the income of assessee and could not be included in the transaction value or assessable value of the goods

No limitation on amount of premium that can be charged on Share Capital: SC

April 14, 2019 2547 Views 0 comment Print

PCIT Vs Chain House International (P) Ltd (Supreme Court of India) In this case Supreme Court upheld the Judgment of Madhya Pradesh High Court. Madhya Pradesh High Court held that The question raised by the revenue in regard to issuing the share at a premium is purely a question of fact. It is a prerogative […]

Fees for certified copies sought under RTI cannot be charged under CS Act, 1980

April 11, 2019 10269 Views 0 comment Print

Avenue for seeking certified copies as well as inspection is provided both in the Right to Information Act and in Company Secretaries Act, 1980. We are cognizant of the fact that guidelines of the appellant, framed by its statutory council, are to govern the modalities of its day-to­day concerns and to effectuate smooth functioning of its responsibilities under the Company Secretaries Act, 1980.

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