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Supreme Court of India

ESIC Act 1948 Power to reduce imprisonment not extended to fine: SC

April 8, 2016 2740 Views 0 comment Print

SC held that object of creating offence and penalty under the Employees’ State Insurance Act, 1948 is clearly to create deterrence against violation of provisions of the act which are beneficial for the employees.

Technical services denote services for special needs of Customer: SC

April 7, 2016 4900 Views 0 comment Print

Supreme Court held that ‘technical services’ under Section 194J read with Explanation 2 to Section 9(1)(vii) of Income Tax Act, 1961 denote services to cater to the special needs of the consumer/user, rather not a facility / service offered to all.

Identity of examiners cannot be disclosed to examinees: SC

April 4, 2016 1816 Views 0 comment Print

Hon’ble SC held that disclosure of checked answer sheets , basis for interview marks is an information which public authority do not holds in fiduciary capacity , hence can be disclosed to information seeker.

Vehicles sales concludes at a place where registration takes place

April 3, 2016 5827 Views 0 comment Print

It is been held that in case of motor vehicles the registration and sale is a co-terminus activity. Thus, the place of registration is deemed as place at which sale gets concluded. Accordingly, the sales tax has to be paid as per the law in force in the state/Union Territory at which sales so concludes.

Higher Secondary School Leaving Certificate certificate is admissible age proof: SC

March 31, 2016 12598 Views 0 comment Print

The short question which arises in this appeal is whether the second respondent-Corporation was justified in rejecting the application of the appellant for allotment of retail outlet of petroleum/diesel dealership at location Kalamnuri in District Hingoli in the State of Maharashtra, on the ground that the age proof submitted by her was not of the Secondary School as per the norms, but of a Higher Secondary School.

Deliberate suspicious trading ignorance by brokers to attract penalty

March 31, 2016 1822 Views 0 comment Print

Broker and sub-broker would be liable to face proceedings under FUTP regulations due to their deliberate ignorance of constant suspicious trading transactions executed on the behalf of clients. In the present case, the brokers executed transaction on behalf of their clients in illiquid scrip in short span of time that too for a long period of time.

S. 80HHC Scrap sale proceeds not to form part of total turnover: SC

March 31, 2016 1903 Views 0 comment Print

In the recent decision of this Court in Commissioner of Income Tax Vs. Punjab Stainless Steel Industries & Ors. reported in [2014] 364 ITR 144 (SC) it has been held that sale proceeds generated from the sale of scrap would not be included in the total turnover for the purpose of deduction under Section 80HHC of the Income Tax Act, 1961.

S.12AA Deemed Registration if dept not respond within 6 Month

March 31, 2016 2287 Views 0 comment Print

The short issue is with regard to the deemed registration of an application under Section 12AA of the Income Tax Act. The High Court has taken the view that once an application is made under the said provision and in case the same is not responded to within six months

No reassessment where no original assessment -SC

March 14, 2016 5335 Views 1 comment Print

Question of reassessment arises only when there is an assessment in the first instance i.e. no reassessment is possible without original assessment order passed. The High Court has wrongly not acted upon the ratio laid down in Trustees of H.E.H.

Govt subsidy to reduce production cost eligible for 80IB deduction: SC

March 13, 2016 4867 Views 0 comment Print

Exemption available under Chapter VI-A in respect of profits of industrial undertakings is available only in respect of income qualifying the litmus test of “profits or gain derived from undertaking”. The revenue and assessees have been locking their horns over the issue of Subsidies

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