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Supreme Court of India

Compensation Cess Validity- SC rejects review Petition of Mohit Mineral Case

January 21, 2020 2475 Views 0 comment Print

Mohit Mineral Pvt Ltd Vs UOI (Supreme Court) The Hon’ble Supreme Court in the above referred case held as under Application for oral hearing is rejected. The present review petition is devoid of merits & so merits being dismissed. The case pertained to the challenge to the Compensation Cess being levied by the Government under […]

Production of Books not Relevant in Cheque Bounce Cases | Section 138 | NI Act

January 20, 2020 8145 Views 0 comment Print

D. K. Chandel Vs Wockhardt Ltd. & Anr. (Supreme Court) The Supreme Court has observed that the production of the account books/cash book may not be relevant in a criminal case filed under Section 138 of the Negotiable Instruments Act. As held by the Trial Court as well as by the High Court that the […]

Contractual employees entitled to Employee Provident Fund benefit: SC

January 19, 2020 110568 Views 2 comments Print

Pawan Hans Limited & Ors. Vs Aviation Karmachari Sanghatana (Supreme Court) Members of the Respondent ­Union have been in continuous employment with the Company for long periods of time. They have been receiving wages/salary directly from the Company without the involvement of any contractor since the date of their engagement. The work being of a […]

Inquire against officers liable for inordinate delay in Appeal Filing: SC

January 17, 2020 714 Views 0 comment Print

The applications for condonation of delay in filing and refiling will be dismissed and then direct the State administration to hold an inquiry into the aspect as to who is responsible for such inordinate delay and take suitable action against the officers concerned.

Can Value of Resolution Plan be Lower than Liquidation Value? : SC Resolves

January 12, 2020 3963 Views 1 comment Print

Issue 1: Whether the scheme of the Code contemplates that the sum forming part of the resolution plan should match the liquidation value or not? Issue 2: Whether Section 12-A is the applicable route through which a successful Resolution Applicant can retreat?

SC allows withdrawal of SLP with pending applications due to low tax effect

January 9, 2020 1215 Views 0 comment Print

Learned counsel for the petitioner, on instructions issued by the Department of Revenue, Ministry of Finance vide F. No. 390/Misc./116/2017-JC dated 22.08.2019, seeks permission to withdraw this special leave petition along with pending applications therein due to low tax effect.

NI Act: Section 148 is Retrospective, but 143A is Prospective: SC

January 8, 2020 19374 Views 0 comment Print

Surinder Singh Deswal Vs Virender Gandhi & Anr.  (Supreme Court) Court  was considering provisions of Section 143A of the N.I. Act which was inserted by the same Amendment Act 20 of 2018 by which Section 148 of the N.I. Act  has been inserted. This Court took the view that Section 143A is prospective in nature […]

SC on Revise return by Amalgamated Company

January 5, 2020 16815 Views 0 comment Print

Dalmia Power Limited Vs ACIT (Supreme Court of India) When the companies merged and amalgamated into another, the amalgamating companies lost their separate identity and character, and ceased to exist upon the approval of the Schemes of Amalgamation. Every scheme of arrangement and amalgamation must provide for an Appointed Date. The Appointed Date is the […]

Exemption of particular duty does not automatically exempt other duty or cess

December 24, 2019 4209 Views 0 comment Print

When a particular kind of duty is exempted, other types of duty or cess imposed by different legislation for a different purpose cannot be said to have been exempted.

Interest payable on refund of Tax which was Paid pursuant to a special order of AO

December 22, 2019 1962 Views 0 comment Print

Universal Cables Ltd Vs CIT (Supreme Court) A ‘tax refund’ is a refund of taxes when the tax liability is less than the tax paid. As per the old section an assessee was entitled for payment of interest on the amount of taxes refunded pursuant to an order passed under the Act, including the order […]

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