Supreme Court of India

In Tax matters if statutory remedy of appeal is available, HC cannot entertain writ petition under Article 226: SC

State of Madhya Pradesh Vs Commercial Engineers and Body Building Company Limited (Supreme Court of India)

SC observed and held that in a tax matter when a statutory remedy of appeal is available, the High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India against the Assessment Order by-passing the statutory remedy of appeal....

While interpreting machinery provisions of a taxing statute court should give effect to its manifest purpose: SC

CIT Vs Calcutta Knitwears (Supreme Court of India)

CIT Vs Calcutta Knitwears (Supreme Court of India) In taxing statutes, even if the literal interpretation results in hardship or inconvenience, it has to be followed (G.P. Singh’s Principles of Statutory Interpretations, 12th Ed, 2010, Lexis Nexis Butterworths Wadhwa Nagpur; Bennion on Statutory Interpretation, 5th Ed., Lexis Nexis,...

Taxing statute is to be construed strictly: Supreme Court

Ajmera Housing Corporation & Anr. Etc. Vs CIT (Supreme Court of India)

It is trite law that a taxing statute is to be construed strictly. In a taxing Act one has to look merely at what is said in the relevant provision. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied....

Stock broker to obtain a certificate of registration for each of the stock exchange where he operates: SC

Securities And Exchange Board of India Vs National Stock Exchange Members Association (Supreme Court of India)

In present facts of the case while allowing the appeals, the Hon’ble Supreme Court observed that (i) subordinate legislation has the same superior force as it supplements a mechanism/ procedure (ii) while interpreting the statutory provisions, the Court is always supposed to keep in mind the object or purpose for which the statute has b...

Classification to be determined on Common parlance/principal purpose/end user test: SC

Thermax Ltd Vs Commissioner of Central Excise (Supreme Court of India)

In present facts of the case, the Hon’ble Supreme Court after taking definition of the particular product in HSN, applying common parlance test, principal purpose test and end user test held that the product in dispute is Modified Vapour Absorption Chillers (MVAC) falling under heading 84.18 of the Schedule to the Central Excise Tariff ...

Tribunal can award more compensation than claimed under MV Act: SC

Meena Devi Vs Nunu Chand Mahto @ Nemchand Mahto (Supreme Court)

Tribunal/Court cannot award compensation exceeding the amount so claimed under Motor Vehicles Act, 1988. The Tribunal/Court ought to award ‘just’ compensation which is reasonable in the facts relying upon the evidence produced on record....

Rate of Interest held to be same for builder and buyer in case of default: SC

Ashoka Investment Co. Vs United Towers India (Pvt.) Ltd. (Supreme Court of India)

In present facts of the case, the Hon’ble Supreme Court held that the builder should also pay interest for it’s default to the buyer at the same rate (18% in this case), which is collected by him on default of the buyer as per agreement....

Income of Peer to be considered while determining Compensation under MV Act: SC

S. Vasanthi Vs Adhiparasakthi Engg. College (Supreme Court of India)

In present case, the Hon’ble Supreme Court enhanced the compensation under Motor Vehicles Act, 1988 by observing that the income of people of the similar status as of deceased have to be taken into consideration...

Part Payment made shall be endorsed under Section 56 to attract Section 138 of NI Act: SC

Dashrathbhai Trikambhai Patel Vs Hitesh Mahendrabhai Patel & Anr. (Supreme Court of India)

In present facts of the case, the Hon’ble Supreme Court while dismissing the appeals held that the offence under Section 138 of the Negotiable Instruments Act 1881 would not be committed if the drawer of the cheque pays a part or whole of the sum between the period when the cheque is drawn and when it is encashed upon maturity, then the...

Delayed payment of employees contribution towards PF/ESIC not allowable: SC

Checkmate Services P. Ltd Vs CIT (Supreme Court of India)

Checkmate Services P. Ltd Vs CIT (Supreme Court) The factual narration reveals two diametrically opposed views in regard to the interpretation of Section 36(1)(va) on the one hand and proviso to Section 43(b) on the other. If one goes by the legislative history of these provisions, what is discernible is that Parliament’s endeavour in i...

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September 2023