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Supreme Court of India

NCLT cannot refuse admission of section CIRP application if default occurred: SC

May 13, 2023 1947 Views 0 comment Print

SC held that once NCLT is satisfied that default occurred, no discretion left with NCLT to refuse admission of Section 7 CIRP application

SC limits CIRP to only one project of Supertech – Upheld NCLT direction

May 13, 2023 1614 Views 0 comment Print

SC upheld NCLT interim directions, including constitution of CoC for Eco Village Project-II only; the said project to be completed with assistance of ex-management whereas other projects, apart from Eco Village-II, were ordered to be continued as ongoing projects.

SC on clarification filed by Revenue in matter of Abhisar Buildwell P Ltd

May 12, 2023 5223 Views 0 comment Print

PCIT Vs Abhisar Buildwell P. LTD. (Supreme Court of India) Clarification application file by Revenue on issue of permitting 148 notice dismissed by Supreme Court with liberty  to Revenue to file Review application. Further in case such review application is filed it will be heard in open court . We observe that as we have […]

Delhi Govt has Control over ‘Services’ Excluding Public Order, Police & Land: SC

May 12, 2023 1020 Views 0 comment Print

The legislative and executive power of NCTD over entry 41 shall not extend over to services related to public order, police and land. However, legislative and executive power over services such as Indian Administrative Services or Joint Cadre Services which are relevant for the implementation of policies and the vision of NCTD in terms of day-to-day administration of the region, shall lie with the NCTD

Shinde Government to continue in Maharashtra (Read SC Judgment)

May 12, 2023 1656 Views 0 comment Print

Subhash Desai Vs Principal Secretary, Governor of Maharashtra & Ors. (Supreme Court of India) The petitioners have challenged the exercise of discretion by the Governor in inviting Mr. Shinde to form the government on two grounds: first, Mr. Shinde’s appointment is barred by Article 164(1B) of the Constitution; and second, the Governor has exceeded the […]

State failed to take steps for recovery of dues hence recourse to HPLR Act not sustainable

May 11, 2023 633 Views 0 comment Print

Supreme Court held that as the State of Himachal Pradesh didn’t took any steps for realization of its dues, recourse to Himachal Pradesh Land Revenue Act (HPLR Act) for recovery of dues as arrears of land revenue not sustainable.

CENVAT Credit of only service element available under works contract

May 11, 2023 2217 Views 0 comment Print

Supreme Court held that as per Rule 2A of determination of value, service tax is payable only on the service element under works contract. Hence, CENVAT Credit of only service element is available.

Amalgamation scheme effective from the date it was sanctioned by High Courts: SC

May 10, 2023 1959 Views 0 comment Print

Amalgamation scheme takes effect only on and from the date it was sanctioned by the High Courts of Madras and Calcutta coupled with the date on which the shareholders of the Subsidiary Company becomes the shareholders of the Holding Company as provided in the sub-clauses. T

Ashwini Homeo Arnica Hair Oil classifiable as ‘medicament’ under Chapter 30

May 10, 2023 891 Views 0 comment Print

Supreme Court held that Aswini Homeo Arnica Hair Oil being manufactured and marked as Homeopathy medicine is classifiable under Chapter 30 of the First Schedule to the Central Excise Tariff Act and cannot be branded as a cosmetic.

ITAT accepting reduction of amount via rectification deed without questioning factum of refund needs fresh consideration

May 10, 2023 627 Views 0 comment Print

Supreme Court held that ITAT accepted the rectification deed reducing the amount from Rs. 15,94,06,500/­ to Rs. 5,24,27,354/­ without questioning the factum of refund of differential amount. Accordingly, matter remanded back for fresh consideration.

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