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Supreme Court of India

Co-op Credit Society Eligible for Section 80(P)(2) Income Tax deduction: SC

May 6, 2023 12639 Views 0 comment Print

CIT Vs. Annasaheb Patil Mathadi Kamgar Sahakari Pathpedi Limited (Supreme Court) There are concurrent findings recorded by CITA, ITAT and the High Court that the respondent/Assessee cannot be termed as Banks/Cooperative Banks and that being a credit society, they are entitled to exemption under Section 80(P) (2) of the Income Tax Act. Such finding of […]

Section 16B of HPGST invocable only after determination of liability

May 5, 2023 732 Views 0 comment Print

Held that section 16-B of the Himachal Pradesh General Sales Tax Act, 1968 (HPGST) would be attracted only after determination of the liability.

Kerala VAT Act – SC declares rate of tax of Mosquito Mats @ 12.5% & Dettol @ 4%

May 5, 2023 705 Views 0 comment Print

It is the case of the appellant that Mosquito Mats, Coils and Vaporizers and Mortein Insect Killers shall be classifiable as insecticides under Entry 44(5) and therefore chargeable to tax at 4%.

Educational institution making huge surplus not eligible for section 10(23C)(vi) exemption: SC

May 4, 2023 15396 Views 0 comment Print

SC in UOI v. Baba Banda Singh Bahadur Education Trust held that educational institution making huge surplus is not eligible for section 10(23C)(vi) exemption

SC upholds Section 327(7) Companies Act which Overrides Payment of Workers dues during IBC CIRP

May 4, 2023 2079 Views 0 comment Print

Moser Baer Karamchari Union Vs Union of India (Supreme Court of India) By way of this writ petition under Article 32 of the Constitution of India, the petitioner – union has sought for an appropriate writ, direction or order striking down Section 327(7) of the Companies Act, 2013 as arbitrary and violative of Article 21 […]

Auditors cannot escape being probed if they resign; Section 140(5) of Companies Act constitutional: SC

May 4, 2023 18567 Views 0 comment Print

Challenge to constitutional validity of section 140(5) of Companies Act, 2013 fails and it is observed and held that section 140(5) is neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of Constitution of India

Purchase and sale of software recorded on a CD is sale/purchase of Goods: SC

May 3, 2023 1770 Views 0 comment Print

Tata Consultancy Services Vs State of Andhra Pradesh (Supreme Court of India) In this case Supreme Court examined the transactions relating to the purchase and sale of software recorded on a CD in the context of the Andhra Pradesh General Sales Tax Act. The court held the same to be goods within the meaning of […]

Right of default bail u/s 167(2) of CrPC is fundamental right

May 3, 2023 16401 Views 1 comment Print

Supreme Court held that the right of default bail under Section 167(2) of the Code of Criminal Procedure, 1973 (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution of India.

Govt Employees not entitled to claim Double Over Time Allowance under Factories Act, 1948: SC

May 3, 2023 720 Views 0 comment Print

SC held that employees of Government of Maharashtra, not entitled to claim Double Over Time Allowance under Chapter VI of Factories Act, 1948

SC allows appellant to travel abroad based on his previous record

May 2, 2023 6054 Views 0 comment Print

Having regard to the genesis of the dispute as well as the issue as to whether the appellant is likely to flee from justice if he were to be permitted to travel to the US, we find, on the basis of the previous record of the appellant, that there is no reason or justification to deny him the permission which has been sought to travel to the US for eight weeks.

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