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Supreme Court of India

Delay cannot be condoned beyond statutory period of 15 Days stipulated u/s 61(2) of IBC

September 14, 2021 2673 Views 0 comment Print

National Spot Exchange Limited Vs Anil Kohli (Supreme Court of India) Conclusion: NCLAT had rightly refused to condone the delay of 44 days in preferring the appeal against the order passed by the NCLT and rejected the claim of the appellant as the period of 15 days which maximum could have been condoned in view […]

SC upheld CGST rule 89(5) validity

September 13, 2021 7431 Views 1 comment Print

Union of India & Ors. Vs VKC Footsteps India Pvt Ltd. (Supreme Court) The Apex Court Sets aside the order of Gujarat HC and upheld the order of Madras HC. Although the Hon’ble Court has noted some anomalies and suggested the GST Council to look into the same. Background:  (Gujarat High Court) The Division Bench […]

SC to examine if Dismissal of Writ for Delay Can Come in Way for Party to File another Plea Involving Similar Contention

September 13, 2021 1041 Views 0 comment Print

SC issues notice in Apollo Tyres Ltd. Vs ACIT case, petitioner contests non-suiting by relying on contrary views of other High Courts.

Submitted Resolution Plan cannot be modified by Resolution Applicant: SC

September 13, 2021 5343 Views 0 comment Print

Ebix Singapore Private Limited Vs Committee of Creditors of Educomp Solutions Limited & Anr. (Supreme Court of India) This Court is cognizant that the extraordinary circumstance of the COVID-19 pandemic would have had a significant impact on the businesses of Corporate Debtors and upon successful Resolution Applicants whose Plans may not have been sanctioned by […]

SC Ruling On Section 14A -Keep Tax System Convenient & Simple

September 9, 2021 3393 Views 1 comment Print

South Indian Bank Ltd Vs Commissioner of Income Tax (Supreme Court of India) 1. For purposes of 14A, a presumption can be made that investments have been made out of interest free funds even when there are mixed funds and there is no bifurcation in books of accounts for interest expense. 2. It needs to […]

SC ruling on land and tree compensation to be based on valuation method

September 9, 2021 12453 Views 0 comment Print

Bhupendra Ramdhan Pawar Vs Vidarbha Irrigation Development Corporation (Supreme Court of India) 1. If the land value had been determined with reference to the sale statistics or compensation awarded for a nearby vacant land, then necessarily, the trees will have to be valued separately. 2. But if the value of the land has been determined […]

Moratorium under IBC applies only to Corporate Debtors not to promoters

September 8, 2021 2715 Views 0 comment Print

However, it clarified that the moratorium was only in relation to the Corporate Debtor (as highlighted above) and not in respect of the directors/management of the Corporate Debtor,

Employee Cannot Insist on Transfer to A Particular Place: SC

September 6, 2021 2781 Views 0 comment Print

Namrata Verma Vs State of Uttar Pradesh & Ors (Supreme Court) Heard Mr. Parvez Bashista, learned counsel appearing for the petitioner and Mr. Sanjay Kumar Tyagi, learned counsel appearing for the respondent-State of U.P. It is not for the employee to insist to transfer him/her and/or not to transfer him/her at a particular place. It […]

Royalty collected under Agreement with Government is not unconscionable and distinguishable from Taxes

September 6, 2021 2517 Views 0 comment Print

Observed that the term Royalty has always been construed to be a compensation paid for rights and privileges paid to the grantee. In the current case, the charges paid for use of controlled release of water were for the privileges enjoyed by the Appellant and for such a privilege, the charges and royalty are perfectly justified.

SC explains when HC can entertain writ petition under Article 226

September 3, 2021 4677 Views 0 comment Print

Assistant Commissioner of State Tax and Others Vs Commercial Steel Limited (Supreme Court) In this case respondent had a statutory remedy under section 107. Instead of availing of the remedy, the respondent instituted a petition under Article 226. The existence of an alternate remedy is not an absolute bar to the maintainability of a writ […]

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