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Supreme Court of India

ACIT Vs Vahanvati Consultants Private Limited (Supreme Court of India)

September 30, 2023 582 Views 0 comment Print

ACIT Vs Vahanvati Consultants Private Limited (Supreme Court of India) The Supreme Court of India has recently made a disposition in the case of ACIT (Assistant Commissioner of Income Tax) v. Vahanvati Consultants Private Limited. The court’s decision has specific implications for the parties involved, and this article will provide an overview of the case […]

Dividend received by company having PE in Oman is not taxable in India

September 30, 2023 795 Views 0 comment Print

Supreme Court held that dividend received by the Indian company having permanent establishment in Oman is not taxable in India in terms of Article 25 read with Article 8 (bis) of the Omani Tax Laws

Proviso to section 25(1) of Kerala VAT cannot extend limitation period fixed under main provision

September 30, 2023 1761 Views 0 comment Print

Supreme Court held that a proviso cannot militate against the intention of the main provision in sub-section (1) of Section 25 of Kerala Value Added Tax Act and thus a proviso cannot extend the limitation period which is fixed under the main provision.

‘Exceptional Circumstances’ must exist to prevent promoters to compete with other resolution applicants to retain control of corporate debtor in case of MSME

September 27, 2023 1047 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that in “exceptional circumstances” if a corporate debtor is an MSME, it is not necessary for promoters to compete with other resolution applicants to retain control of the corporate debtor.

Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

September 27, 2023 1383 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA, 1973 was authorized to file complaint under provisions of FERA even after getting repealed by the virtue of S. 49 of FEMA under the heading ‘Repeal and Savings’.

When Gratification other than legal remuneration is proved then presumption under Section 20 of PC Act could be invoked

September 27, 2023 660 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that once the undue advantage i.e., any gratification whatever, other than the legal remuneration is proved to have been accepted by the accused, the Court is entitled to raise the presumption under Section 20 of the Prevention of Corruption Act, that he accepted the undue advantage as a motive or reward under Section 7, for performing or to cause performance of a public duty improperly or dishonestly.

Validity of will depends on free will, sound mind of testator and circumstances in which it was executed: SC

September 27, 2023 1644 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court while upholding the validity of will held that (a) the testator signed the Will out of his own free Will, (b) at the time of execution he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances.

SC upheld Settlement Commission order granting penalty & prosecution immunity

September 26, 2023 1212 Views 0 comment Print

Supreme Court upheld an order by Settlement Commission granting immunity from penalty and prosecution, emphasizing importance of full disclosure and cooperation.

Karnataka VAT Act: Taxation of Dog and Cat Feed

September 24, 2023 825 Views 0 comment Print

Read Supreme Court judgment in Sree Durga Distributors vs. State of Karnataka on taxation of dog and cat feed under Entry 5 of Karnataka VAT Act.

SC Upholds CESTAT Ruling on Oil in Bunker Tanks as Integral to the Ship

September 22, 2023 783 Views 0 comment Print

The Supreme Court of India upholds CESTAT ruling on oil in bunker tanks inside/outside the engine room, considering it integral to the ship. Read the full judgment.

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