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Supreme Court of India

Condition of pre-deposit for anticipatory bail in absence of final assessment not sustainable

March 15, 2023 1779 Views 0 comment Print

Supreme Court held that as there is no final assessment in fake invoice case made under GST Act, the appellant cannot be said to be under a legal liability. Accordingly, condition of pre-deposit for grant of anticipatory bail not imposable.

Search & seizure proceedings invalid in absence of reasons to believe: SC

March 10, 2023 13356 Views 0 comment Print

Basic premise of Section 105 & search proceedings is reasonable belief that some objective material exists on record to trigger searches

Issue of territorial jurisdiction in money laundering case cannot be decided in a writ petition

March 2, 2023 1833 Views 0 comment Print

Supreme Court of India held that in money laundering case the issue of territorial jurisdiction cannot be decided in a writ petition, especially when there is a serious factual dispute about the place/places of commission of the offence.

Conditions u/s 45 of PMLA applies to anticipatory bail application u/s 438 Cr. P.C.

March 1, 2023 4407 Views 0 comment Print

Supreme Court of India held that conditions under Section 45 Prevention of Money Laundering Act, 2002 (PMLA) is applicable to Anticipatory Bail application under section 438 of The Code of Criminal Procedure, 1973.

Article 3 enables Parliament to form new States and alter areas, boundaries or name of existing States

February 18, 2023 4788 Views 0 comment Print

Supreme Court held that Article 3 of the Constitution of India provides that Parliament may by law form new States and alter the areas, boundaries or names of the existing States (which includes Union Territory).

VRS employees stand on different footing than those who retired upon achieving age of superannuation

February 18, 2023 1878 Views 0 comment Print

Supreme Court held that employees who secured VRS benefits and left the service of MSFC voluntarily during this period, stand on a different footing. They cannot claim parity with those who worked continuously, discharged their functions, and thereafter superannuated.

Invocation of proviso to section 2(15) vis-à-vis publication of advertisement to be re-examined

February 18, 2023 741 Views 0 comment Print

Supreme Court remanded the matter for fresh consideration in respect of exemption u/s 2(15) or section 11 in respect of publication of advertisement for consideration in light of Ahmedabad Urban Development Authority.

Hon’ble SC’s order on filing of appeals by Revenue through electronic mode

February 16, 2023 2010 Views 0 comment Print

CBDT informed that field formations have been filing appeals/petitions in physical as well as in e-filing mode. In compliance of the directions of the Hon’ble Supreme Court, field formations have been directed to ensure that filings of appeals/petitions before the High Court’s should take place in the e-filing mode only.

SC dismisses Petition Seeking income tax regulation on sale of personal cars & environment CESS on second car

February 16, 2023 654 Views 0 comment Print

Pass an order to respondents to ensure effective income tax regulation on sale of personal cars in order to prevent misuse of tax regulations like: (a) In addition to PAN card, a copy of last return filed should be made mandatory for purchasing a personal car. [b] Withdraw tax benefit for second car to companies or professionals.

Income Tax: Order directing Section 142(2A) special audit must be communicated to Assessee: SC

February 15, 2023 3390 Views 0 comment Print

SC held that order directing special audit under Section 142(2A)  of Income Tax Act, 1961 is required to be communicated to appellant-assessee, so as to know the reasons, and, if required, the assessee can choose to exercise the option to challenge the order. 

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