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Supreme Court of India

SC allows Reopening of Income Tax Case of Sonia & Rahul Gandhi

December 6, 2018 2511 Views 0 comment Print

Soniya Gandhi Vs ACIT (Supreme Court of India) Supreme Court of India has allowed Income Tax Department to reopen tax case against Congress leaders Sonia Gandhi and Rahul Gandhi for A.Y. 2011-12 in connection with National Herald case. Hon’ble Supreme Court has held as follows:- “For certain reasons, it is not possible to take up […]

CA can be held guilty of professional Misconduct for his act although unrelated to profession but which brings disrepute to the profession or ICAI

November 24, 2018 13890 Views 0 comment Print

Council of the ICAI Vs Shri Gurvinder Singh & Anr. (Supreme Court of India) The Supreme Court observed that the chartered accountants can be proceeded against for their acts which bring disrepute to the profession whether or not related to his professional work. The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha was […]

Arbitrator Appointment not possible if jurisdiction of Designated Officer cannot be invoked by both parties to dispute

November 22, 2018 1518 Views 0 comment Print

The agreement between the parties provides the competent officer and the Commissioner with supervisory control over the execution of work and administrative control over it from time to time and thus to prevent disputes. The intention is not to provide for a forum for resolving disputes. Thus, no Arbitrator could have been appointed by the High Court under Section 11(6) of the Arbitration and Conciliation Act, 1996

Temporary employees entitled To Minimum Wages Applicable to Regular Employees Holding Same Post: SC

November 16, 2018 3657 Views 0 comment Print

Sabha Shankar Dube Vs Divisional Forest Officer & Ors. (Supreme Court of India) The issue that was considered by this Court in Jagjit Singh (supra) is whether temporary employees (daily wage employees, ad hoc appointees, employees appointed on casual basis, contractual employees and likewise) are entitled to the minimum of the regular pay scales on account of their performing the […]

Complaint filed by power of attorney maintainable in law

November 15, 2018 10692 Views 0 comment Print

Sk. Tamisuddin Vs. Joy Joseph Creado & Anr. (Supreme Court of India) A complaint filed by the power of attorney would be maintainable in law. If that is so, the initial complaint filed by the appellant on behalf of Sairabee as the complainant would not be invalid in law as held by the High Court […]

SC explains Effect of repeal of a statute u/s 6 of General Clauses Act on pending proceedings

October 30, 2018 11298 Views 0 comment Print

Sushila N. Rungta Vs TRO (Supreme Court) What has been argued by Mr. R. Venkataramani, learned senior counsel appearing on behalf of the appellant, is that considering that the Gold Control Act itself has been repealed without a saving clause, Section 6 of the General Clauses Act would not apply for the reason that the […]

Urban Improvement Trust is not a local authority & not eligible for exemption U/s. 10(20): SC

October 29, 2018 5829 Views 0 comment Print

ITO Vs Urban Improvement Trust (Supreme Court of India) “The High Court based its decision on the fact that functions carried out by the assessee are statutory functions and it is carrying on the functions for the benefit of the State Government for urban development. The said reasoning cannot lead to the conclusion that it is […]

Home Buyer cannot reap benefits of her own delay in taking possession: SC

October 25, 2018 1515 Views 0 comment Print

M/s. Supertech Ltd. Vs Rajni Goyal (Supreme Court) The Appellant – Builder inter alia submitted that – Possession of the flat was offered to the Respondent – Purchaser in December 2015 after obtaining the Completion Certificate for the building. Even though the Agreement provided for delivery of possession by 31.10.2013, the delay occurred because of […]

SC issues Guideline on Sale of Fire Cracker & Duration of Bursting

October 24, 2018 3426 Views 0 comment Print

(i) The crackers with reduced emission (improved crackers) and green crackers, as mentioned in Suggestion Nos. II and III above only would be permitted to be manufactured and sold. (ii) As a consequence, production and sale of crackers other than those mentioned in Suggestion Nos. II and III is hereby banned.

Time limit to claim ITC in a statute not violates right guaranteed under Constitution

October 12, 2018 10173 Views 0 comment Print

ALD Automotive Pvt. Ltd. Vs Commercial Tax Officer (Supreme Court) The input credit is in nature of benefit/ concession extended to dealer under the statutory scheme. The concession can be received by the beneficiary only as per the scheme of the Statute. Reference is made to judgment of this Court in Godrej and Boyce Mfg. […]

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