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Supreme Court of India

Section 43B deduction not allowable for unutilized MODVAT credit: SC

February 15, 2020 2832 Views 0 comment Print

Since unutilized credit in the MODVAT scheme without incurring the liability could not be treated as sum actually paid by assessee under section 43B  hence the unutilized credit under MODVAT scheme did not qualify for a deduction.

EOU & SEZs not eligible for ‘Vishesh Krishi Upaj Yojna’ benefit: SC

February 14, 2020 906 Views 0 comment Print

Nola Ram Dulichand Dal Mills Vs Union of India & Ors. (Supreme Court of India) The appellant challenged the change in the Policy ‘Vishesh Krishi Upaj Yojna‘ wherein 100% export units were denied the benefit of exemption on the ground that the policy binds the respondents for a period of five years and that such […]

Look into issue of limited GST Server capacity & find solution: SC

February 12, 2020 35535 Views 3 comments Print

UOI Vs Tax Bar Association (Supreme Court of India) In the matter of UOI vs Tax Bar Association, Hon’ble Supreme Court through its bench comprising of Hon’ble Justice R F Nariman & Hon’ble Justice Ravinder S Bhatt, at the outset, refused to interfere in order as passed by Hon’ble Rajasthan High Court and also clarified […]

Unless insured is duly informed, exclusionary clauses not applicable: SC

February 4, 2020 3090 Views 0 comment Print

In this case the Supreme Court of India in one of its judgements in a case involving Insurance Claim has held that unless the insured is duly informed, Exclusionary Clauses will not be applicable.

Right of being Represented in a Court is a Fundamental Right

February 4, 2020 6705 Views 0 comment Print

Know your rights! Learn about the fundamental right of being represented in a court under Article 21 of the Constitution.

Sales Tax exemption- Availability to units after re-organization of States

February 3, 2020 729 Views 0 comment Print

State of Madhya Pradesh and Ors. Vs. Lafargy Dealers Association and Ors. (Supreme Court) Whenever a new state is created, there would be difficulties and, issues would arise but these have to be dealt within the parameters of the constitutional provisions and the law and not by negating the mandate of the Parliament which has […]

Landlord not precluded from making application for determination of fair rent during currency of contractual tenancy: SC

January 30, 2020 3513 Views 0 comment Print

N. Motilal & Ors. Vs. Faisal Bin Ali (Supreme Court) The moot question to be answered in this appeal is as to whether during currency of contractual tenancy i.e. during the currency of agreed rent between the landlord and the tenant whether landlord is precluded from making an application for determination of fair rent. Section […]

SMS Charges as cost’ of participating in KBC was not unfair trade practice

January 23, 2020 1815 Views 0 comment Print

Star India (P) Ltd. Vs Society of Catalysts (Supreme Court) It is apparent that the crucial question to be determined in the instant case is whether an unfair trade practice has been committed by the Appellants in the conduct of the HSHS contest, in terms of Section 2(1)(r)(3) of the 1986 Act. We hasten to […]

KBC: No unfair practice by Star India, Airtel: Penalty not leviable: SC

January 23, 2020 2340 Views 0 comment Print

Star India (P) Ltd. Vs Society of Catalysts & Anr. (Supreme Court) Supreme Court dismissed a ruling of the National Consumer Disputes Redressal Commission (NCDRC) that had ordered Star India and Airtel to pay punitive damages over alleged unfair trade practices in collecting funds to build up the cash prize for the popular quiz programme, […]

No Provision in IBC mandating that Resolution Plan Should Match Liquidation Value

January 22, 2020 4599 Views 0 comment Print

Maharasthra Seamless Limited Vs Padmanabhan Venkatesh & Ors. (Supreme Court) No Provision in IBC, 2016 which mandated that That Resolution Plan Should Match Liquidation Value No provision in Insolvency and Bankruptcy Code, 2016 or Regulations has been brought to our notice under which the bid of any Resolution Applicant has to match liquidation value arrived […]

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