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Supreme Court of India

SC to examine constitutional validity of Goa Cess on Fluid Milk (Control) Act, 2000 provisions

September 19, 2022 432 Views 0 comment Print

Goa State Co op Milk Producers Union Ltd. Vs State of Goa (Supreme Court of India) Being a dispute with respect to the constitutional validity of the relevant provisions of the Goa Cess on Fluid Milk (Control) Act, 2000, only on that ground alone and the issue is with respect to legislative competence, issue notice […]

CIRP can be initiated against ‘Corporate Guarantor’ without proceeding against principal borrower

September 15, 2022 13299 Views 0 comment Print

K. Paramasivam Vs Karur Vysya Bank Ltd. & Anr. (Supreme Court of India) The question raised in the said appeal is whether CIRP can be initiated against the Corporate Guarantor without proceeding against the principal borrower. The issues raised in this appeal are settled by this Court in Laxmi Pat Surana v. Union Bank of […]

Defective/Demo Car cannot be delivered against Booking of New Car: SC

September 14, 2022 3096 Views 0 comment Print

SC held that Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics

Proportionate disallowance of interest U/s. 14A not warranted if interest free own fund exceeds investment: SC

September 14, 2022 1551 Views 0 comment Print

CIT Vs UTI Bank Ltd (Supreme Court of India) SC upheld its judgment in ‘South Indian Bank Ltd. v. Commissioner Of Income Tax’ and held that the proportionate disallowance of interest is not warranted, under Section 14A of Income Tax Act for investments made in tax free bonds/ securities which yield tax free dividend and […]

Challenge to constitutional Section 17(5)(d) of CGST Act, 2017 before SC

September 13, 2022 7059 Views 0 comment Print

SC will hear issue of constitutional validity of Section 17(5)(d) of CGST Act, which does not allow input tax credit on immovable property

Consider value of returned goods for Determining Value for Refund – SC – Section 173L – Central Excise Act

September 11, 2022 669 Views 0 comment Print

For considering value for refund under Section 173­L of Central Excise Act, what is required to be considered is value of returned goods

Arbitrator has discretion to grant post-award interest: SC

September 11, 2022 4695 Views 0 comment Print

Arbitrator has discretion to grant post-award interest. Section 37(1)(b) does not fetter discretion of arbitrator to grant post-award interest

New Arbitral Tribunal directed to be formed due to fee dispute under Article 142 of Constitution of India: SC

September 10, 2022 723 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court of India invoked Article 142 of the Constitution of India and have directed to form new arbitral Tribunal due to disputes in the fee structure provided in IV Schedule of the Arbitration and Conciliation Act, 1996.

Government being a secured creditor can claim first charge

September 10, 2022 2748 Views 0 comment Print

Held that Section 48 of the GVAT Act is not contrary to or inconsistent with Section 53 of the IBC. U/s. 53(1)(b)(ii), the debts owed to a secured creditor, which would include the State under the GVAT Act. Accordingly, the Government can claim first charge over the property of the Corporate Debtor

SC dismisses SLP against notice u/s 148A(b) & P&H HC order in Gian Castings

September 8, 2022 4116 Views 0 comment Print

AO has passed order u/s 148A(d) and issued notice u/s 148 of the Act. The AO was issued notice u/s 148A(b) of the Act along with details of information and the inquiry forming basis of reopening.

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