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Supreme Court of India

Service Tax cannot be Levied on Chit Fund Business: SC

July 14, 2017 8442 Views 0 comment Print

In these appeals, the appellant is Union of India, which has assailed the common judgment and order dated July 14, 2008, passed by High Court of Judicature at Andhra Pradesh, in a batch of writ petitions. Those writ petitions were filed by some chit fund companies (hereinafter referred to as the ‘assessees’) assailing the validity […]

Initiate process to Fill up Vacancies in ITAT: SC to Center

July 9, 2017 1044 Views 0 comment Print

The Supreme Court directed the central government to initiate process to fill up vacancies in the income Tax Appellate Tribunals within three weeks.

Trust Cannot File Complaint under Consumer Protection Act,1986: SC

June 22, 2017 6087 Views 0 comment Print

Section 2 (c) of Consumer Protection Act, 1986 provides for a complainant making a complaint, inter alia, for an unfair trade practice or a restrictive trade practice adopted by any trader or service provider; a complaint in respect of goods (bought by a complainant) suffering from one or more defects;

Text of SC Judgment on Aadhaar Card Linkage With PAN

June 13, 2017 3597 Views 0 comment Print

(i) We hold that the Parliament was fully competent to enact Section 139AA of the Act and its authority to make this law was not diluted by the orders of this Court. (ii) We do not find any conflict between the provisions of Aadhaar Act and Section 139AA of the Income Tax Act inasmuch as when interpreted harmoniously, they operate in distinct fields.

Technical fee for setting up of new plant for first time to manufacture cars is revenue expenditure

June 13, 2017 1290 Views 0 comment Print

Assessee in all these appeals is Honda SIEL Cars Ltd. (hereinafter referred to as the Assessee). Question of law that is raised is also identical. Five appeals are filed only because of the reason that same issue has occurred in different Assessment Years, i.e., for the years 1999-2000, 2001-2002, 2002-2003, 2003-2004 and 2005-2006.

Payment for technical know-how- Capital or revenue expenditure?

June 12, 2017 8655 Views 0 comment Print

The issue that a particular expenditure incurred by assessee is a capital expenditure or a revenue one has remained controversial. The facts & circumstances of each case differ. However, the decisions of Hon’ble Supreme Court of India in this respect guide in resolving the issue.

Delay of 3381 days in refiling SLP; Authorities need to wake up: SC

May 23, 2017 1185 Views 0 comment Print

We are extremely unhappy with the delay of 3381 days in refiling the special leave petition but make no other comment. The concerned authorities need to wake up.

State can attach Properties of ‘Defaulting’ Financial Establishments: SC

May 22, 2017 2811 Views 0 comment Print

It is clear from the reading of Section 3(i) of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, that whenever complaints are received from a number of depositors against a Financial Establishment, which defaults or fails to return the deposits or fails to provide services for which the deposits have […]

12.5% Vat payable on Appy Fizz a fruit juice based drinks in Kerala: SC

May 20, 2017 4653 Views 0 comment Print

The appellant, an assessee under the KVAT Act, classified the product, “Appy Fizz” as fruit juice based drink under Entry 71 of the notification issued under Section 6(1)(d) of Act, 2003 paid @ 12.5% VAT. In the year 2007, the Department initiated assessment proceedings against one of the distributors of the assessee finding that the product, “Appy Fizz”, being an “aerated branded soft drink” is taxable @ 20%. The OT Revision filed against the order was dismissed by the High Court. The Special Leave Petition filed against the order was later permitted to be withdrawn.

CCI should Impose penalty on relevant turnover not on whole Turnover: SC

May 20, 2017 2109 Views 0 comment Print

In fact, some justifications have already appeared in this behalf while discussing the matter on the application of doctrine of proportionality. What needs to be repeated is only that the purpose and objective behind the Act is to discourage and stop anti-competitive practice.

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