Supreme Court of India

Multiplicity of Proceedings Not In Larger Public Interest: SC

Abhishek Singh Chauhan Vs Union of India & Ors. (Supreme Court of India)

SC of the opinion that multiplicity of the proceedings will not be in the larger public interest. We may hasten to add that the concerned States have no objection for abiding with such dispensation....

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SC directs GST council to implement Document Identification No (DIN)

Pradeep Goyal Vs Union of India (Supreme Court of India)

SC directs GST Council to issue advisories to all the States for implementation of Document Identification No (DIN) in Indirect Tax administration. The Court has also directed all the States to implement the system of DIN at the earliest....

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Two Arbitration Proceedings for Same Contract/Transaction not allowed: SC

Tantia Constructions Limited Vs Union of India (Supreme Court of India)

Tantia Constructions Limited Vs Union of India (Supreme Court of India) Having heard the learned counsel for the petitioner, we are of the firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction. It is not in dispute that in the present case, earlier the dispute was referred to arbitrati...

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SC upheld HC Order Directing CBDT to Accept Belated Income Tax Return

Central Board of Direct Taxes Vs Vasudeva Adigas Fast Food Pvt. Ltd (Supreme Court of India)

Central Board of Direct Taxes Vs Vasudeva Adigas Fast Food Pvt. Ltd (Supreme Court) SC held that having considered the facts and circumstances due to which the respondent-assessee, at the relevant time, could not file the return of income within the time prescribed, the order passed by the High Court directing the Revenue to condone [&hel...

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Counter-claim of a party cannot be rejected merely because claims were not notified prior to initiating arbitration

National Highway Authority of India Vs Transstroy (India) Limited (Supreme Court of India)

National Highway Authority of India Vs Transstroy (India) Limited (Supreme Court) The counter-claim of a party cannot be rejected for the simple reason that the claims were not notified prior to initiating arbitration. Facts of the Case: The National Highway Authority of India and Transstroy (India) Limited entered into an Engineering Pro...

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GST payable on Haj pilgrimage services by Private Tour Operators

All India Haj Umrah Tour Organizer Association Vs Union of India (Supreme Court of India)

All India Haj Umrah Tour Organizer Association Vs Union of India (Supreme Court of India) Held that there is no discrimination done when GST exemption is available only on services or religious pilgrimage facilitated by Central/ state government, whereas, private tour operators are excluded from the purview of exemption. Facts- The broad ...

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Section 197(1)TDS certificate – Difference of opinion – SC refers matter to Large Bench

National Petroleum Construction Company Vs DCIT (Supreme Court of India)

National Petroleum Construction Company Vs DCIT (Supreme Court of India) Indira Banerjee, J. Leave granted. 2. This appeal is against the judgment and final order dated 20th December 2019 passed by High Court of Delhi dismissing the Writ Petition being Writ Petition (C) No.8527 of 2019 filed by the Appellant against the refusal of the [&h...

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Application for initiation of CIRP by operational creditor cannot be admitted if debit is disputed

S.S. Engineers Vs Hindustan Petroleum Corporation Ltd. (Supreme Court of India)

Held that operational creditor can trigger CIRP process only in case of undisputed debt and default in payment thereof. However, if the debit is disputed, the application of the operational creditor for CIRP process cannot be admitted....

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Khasgi trust is a public trust & trust property can be alienate as per section 14 of Public Trust Act

The Khasgi (Devi Ahilyabai Holkar Charities) Trust Vs Vipin Dhanaitkar (Supreme Court of India)

The Khasgi (Devi Ahilyabai Holkar Charities) Trust Vs Vipin Dhanaitkar (Supreme Court of India) Held that as Public Trust Act is applicable to the Khasgi Trust, the Trustees cannot alienate the trust properties without complying with section 14. Facts- The main issue involved here is that whether Khasgi Trust is a Public Trust. Also, whet...

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Decision by General Manager on notified claims not subjected to arbitration proceeding

Indian Oil Corporation Limited Vs NCC Limited (Supreme Court of India)

Held that once such a dispute falls within the excepted matters, any decision by the General Manager on the issue of Notified Claims cannot be the subject matter of arbitration proceeding....

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