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Supreme Court of India

Jurisdiction of Settlement Commission in Relation to Goods under Section 123 of Customs Act- SC gives split verdict

May 9, 2023 1083 Views 0 comment Print

Right of an accused under Customs Act, 1962 to settle dispute as per provisions contained under chapter XIV A of the Customs Act.

SC allows tax exemption to Trust Registered in year 1987 despite not applying for registration in 1997

May 8, 2023 1632 Views 0 comment Print

Assessee continued to be granted the exemption under Section 12A of the Act. It is the case on behalf of the appellant that till 1987 there was no requirement of issuance of any certificate of registration of Section 12A and only filing an application for registration under Section 12A and processing the same by the Department was sufficient.

SC directs Delhi Govt to contribute Rs 500 cr from ECC for Delhi -Meerut RRTS project

May 8, 2023 576 Views 0 comment Print

An application has been filed by the Government of NCT of Delhi for permission to utilize Rs.500 crores of Environment Compensation Charge (ECC) Fund towards the payment of Delhi -Meerut RRTS project.

No assessment under section 153C in absence of incriminating material: SC

May 8, 2023 5445 Views 0 comment Print

DCIT Vs U.K. Paints (Overseas) Ltd. (Supreme Court of India) As found by the High Court in none of the cases any incriminating material was found during the search either from the Assessee or from third party. In that view of the matter, as such, the assessments under Section 153-C of the Act are rightly […]

Resolution plan must meet the mandate of Code and not violate rights given to secured creditor: SC

May 7, 2023 1011 Views 0 comment Print

Vistra ITCL (India) LTD Vs Dinkar Venkatasubramanian (Supreme Court of India) The difficulty which arises in the present case is that, in terms of the decision of this Court in Anuj Jain (supra) and Phoenix ARC (supra), Appellant No. 1 Vistra is to be treated as a secured creditor, but would not fall under the […]

IBC: Section 9 petition cannot be dismissed merely because some invoices are time barred

May 7, 2023 858 Views 0 comment Print

Next Education India Private Limited Vs K12 Techno Services Private Limited (Supreme Court of India) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17-03-2021 passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi, Principal Bench in Company Appeal (AT) (Insolvency) No.98/2019, by which the NCLAT has dismissed the said appeal […]

Addition u/s 69C sustained as search in group concern proved maintaining of books of accounts outside regular books

May 6, 2023 1602 Views 0 comment Print

Supreme Court held that addition u/s 69C as unexplained income sustained as based on search conducted in group concern it was found that assessee was maintaining the books of accounts outside regular books.

Appeals against ITAT Order will Lie before HC in whose Jurisdiction AO is Situated: SC

May 6, 2023 2409 Views 0 comment Print

Appeals against every ITAT decision shall lie only before High Court within whose jurisdiction AO who passed assessment order is situated: SC

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

May 6, 2023 12690 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 744 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.

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