Supreme Court held that dividend received by the Indian company having permanent establishment in Oman is not taxable in India in terms of Article 25 read with Article 8 (bis) of the Omani Tax Laws
Supreme Court held that a proviso cannot militate against the intention of the main provision in sub-section (1) of Section 25 of Kerala Value Added Tax Act and thus a proviso cannot extend the limitation period which is fixed under the main provision.
In present facts of the case, the Hon’ble Supreme Court observed that in “exceptional circumstances” if a corporate debtor is an MSME, it is not necessary for promoters to compete with other resolution applicants to retain control of the corporate debtor.
In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA, 1973 was authorized to file complaint under provisions of FERA even after getting repealed by the virtue of S. 49 of FEMA under the heading ‘Repeal and Savings’.
In present facts of the case, the Hon’ble Supreme Court observed that once the undue advantage i.e., any gratification whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption under Section 20 of the Prevention of Corruption Act, that he accepted the undue advantage as a motive or reward under Section 7, for performing or to cause performance of a public duty improperly or dishonestly.
In present facts of the case, the Hon’ble Supreme Court while upholding the validity of will held that (a) the testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances.
Supreme Court upheld an order by Settlement Commission granting immunity from penalty and prosecution, emphasizing importance of full disclosure and cooperation.
Read Supreme Court judgment in Sree Durga Distributors vs. State of Karnataka on taxation of dog and cat feed under Entry 5 of Karnataka VAT Act.
The Supreme Court of India upholds CESTAT ruling on oil in bunker tanks inside/outside the engine room, considering it integral to the ship. Read the full judgment.
Read full text of Supreme Court’s order in Sapna Flour Mills Ltd vs. Union of India & Ors, disposing of special leave petition with liberty to revive in future.
