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Supreme Court of India

Workers employed by the Contractor do not automatically become the employees of the principal employer in absence of any legal provision

December 17, 2022 7404 Views 0 comment Print

The Honble Supreme Court while allowing appeal observed that there is no provision under Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 that the workers/employees employed by the contractor automatically become the employees of the appellant and/or the employees of the contractor shall be entitled for automatic absorption and/or they become the employees of the principal employer.

Transfer valid in absence of Conditions prescribed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

December 17, 2022 3417 Views 0 comment Print

The Honble Supreme Court observed that effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of sub-section (1) of Section 23. In the present case, it was not even pleaded by respondent no.1 that the release deed was executed subject to such a condition.

Reliance upon ITR shall be made while determining compensation under Motor Vehicles Act

December 17, 2022 2559 Views 0 comment Print

The Hon’ble Supreme Court determined compensation under Motor vehicles Act, 1988 on basis of Income Tax Return which was held to be a statutory document on which reliance be placed, where available, for computation of annual income.

SC direction to honour insurance contract which met prescribed conditions

December 17, 2022 1620 Views 0 comment Print

Whether an insurance company even after receiving the insurance premium, can refuse to honour its contract when the insured person dies immediately after taking the home loan.

Adopt E-Filing In All Tax Cases & Make GST Appellate Tribunal Paperless: SC to Govt

December 13, 2022 762 Views 0 comment Print

Union government must now take all expeditious steps to ensure that filing by the Union government of all appeals and proceedings before the High Courts as well as the revenue tribunals, including the CESTAT and the ITAT should take place in the e-filing mode.

Bail granted in clandestine manufacture and supply of chewing tobacco

December 12, 2022 2034 Views 0 comment Print

Supreme Court granted bail in clandestine manufacture and supply of chewing tobacco without payment of leviable duties and tax as the petitioner has already undergone incarceration for more than four months. Further, there are no apprehension of tampering, intimidating or influencing.

SC Dismisses Petition Challenging Appointment of ITAT Vice Presidents

December 12, 2022 819 Views 0 comment Print

Bar member challenges VP appointments at Income Tax Appellate Tribunal. High Court dismisses quo warranto petition. Legal eligibility affirmed.

CBEC Circular related to valuation of goods sold to independent and related parties is not violative of central excise laws

December 9, 2022 1305 Views 0 comment Print

Circular No. 643/34/2002-CX dated July 1, 2002, issued by CBEC clarifying the doubts regarding Valuation Rules with respect to goods when sold partly to related persons and partly to independent buyers, is not violative of Central Excise Act 1994 and Central Excise Valuation Rules 2000.

Case Analysis – CIT vs. Shri Thakur Das Bhargava, 1960

December 9, 2022 1740 Views 0 comment Print

The Income Tax Act, 1961 deals essentially with the imposing of taxes, exemptions and procedure to be followed therewith. The income that is accrued or deemed to accrue on the tax payer is the tax income and the application and diversion of income are two fundamental yet confusing concepts in the Indian Tax law. Also, both of these are court made concepts.

Capital gain exemption available as advance paid for purchase of assets amounts to utilization of capital gain amount

December 8, 2022 2940 Views 0 comment Print

Supreme Court held that advances paid for the purpose of purchase and/or acquisition of the assets would certainly amount to utilization of the capital gains for the purpose of purchasing and/or acquiring the aforesaid assets and accordingly capital gain exemption available.

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