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Supreme Court of India

Two Arbitration Proceedings for Same Contract/Transaction not allowed: SC

August 3, 2022 1191 Views 0 comment Print

Tantia Constructions Limited Vs Union of India (Supreme Court of India) Having heard the learned counsel for the petitioner, we are of the firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction. It is not in dispute that in the present case, earlier the dispute was referred to arbitration […]

SC upheld HC Order Directing CBDT to Accept Belated Income Tax Return

August 2, 2022 1236 Views 0 comment Print

Central Board of Direct Taxes Vs Vasudeva Adigas Fast Food Pvt. Ltd (Supreme Court) SC held that having considered the facts and circumstances due to which the respondent-assessee, at the relevant time, could not file the return of income within the time prescribed, the order passed by the High Court directing the Revenue to condone […]

Counter-claim of a party cannot be rejected merely because claims were not notified prior to initiating arbitration

August 2, 2022 6621 Views 0 comment Print

National Highway Authority of India Vs Transstroy (India) Limited (Supreme Court) The counter-claim of a party cannot be rejected for the simple reason that the claims were not notified prior to initiating arbitration. Facts of the Case: The National Highway Authority of India and Transstroy (India) Limited entered into an Engineering Procurement and Construction Agreement […]

GST payable on Haj pilgrimage services by Private Tour Operators

August 1, 2022 10950 Views 0 comment Print

All India Haj Umrah Tour Organizer Association Vs Union of India (Supreme Court of India) Held that there is no discrimination done when GST exemption is available only on services or religious pilgrimage facilitated by Central/ state government, whereas, private tour operators are excluded from the purview of exemption. Facts- The broad question involved in […]

Section 197(1)TDS certificate – Difference of opinion – SC refers matter to Large Bench

July 31, 2022 789 Views 0 comment Print

National Petroleum Construction Company Vs DCIT (Supreme Court of India) Indira Banerjee, J. Leave granted. 2. This appeal is against the judgment and final order dated 20th December 2019 passed by High Court of Delhi dismissing the Writ Petition being Writ Petition (C) No.8527 of 2019 filed by the Appellant against the refusal of the […]

Application for initiation of CIRP by operational creditor cannot be admitted if debit is disputed

July 30, 2022 2718 Views 0 comment Print

Held that operational creditor can trigger CIRP process only in case of undisputed debt and default in payment thereof. However, if the debit is disputed, the application of the operational creditor for CIRP process cannot be admitted.

Khasgi trust is a public trust & trust property can be alienate as per section 14 of Public Trust Act

July 30, 2022 3996 Views 0 comment Print

The Khasgi (Devi Ahilyabai Holkar Charities) Trust Vs Vipin Dhanaitkar (Supreme Court of India) Held that as Public Trust Act is applicable to the Khasgi Trust, the Trustees cannot alienate the trust properties without complying with section 14. Facts- The main issue involved here is that whether Khasgi Trust is a Public Trust. Also, whether […]

Decision by General Manager on notified claims not subjected to arbitration proceeding

July 29, 2022 1029 Views 0 comment Print

Held that once such a dispute falls within the excepted matters, any decision by the General Manager on the issue of Notified Claims cannot be the subject matter of arbitration proceeding.

Summary of SC judgment in PMLA – Vijay Madanlal Choudhary Vs UOI

July 28, 2022 12441 Views 0 comment Print

Vijay Madanlal Choudhary & Ors. Vs Union of India & Ors. (Supreme Court) (i) The question as to whether some of the amendments to the Prevention of Money-laundering Act, 2002 could not have been enacted by the Parliament by way of a Finance Act has not been examined in this judgment. The same is left […]

SC directs GSTN to open portal for filing of TRAN-1 and TRAN-2 (Read Judgment)

July 25, 2022 15987 Views 0 comment Print

Goods and Service Tax Network (GSTN) is directed to open common portal for filing concerned forms for availing Transitional Credit through TRAN-1 and TRAN-2 for two months i.e. w.e.f. 01.09.2022 to 31.10.2022.

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