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Supreme Court of India

SC admits writ against non-grant of personal hearing under Faceless Assessment Scheme

September 3, 2021 3108 Views 0 comment Print

CBDT Etc. Vs Lakshya Budhiraja & Anr (Supreme Court of India) Learned Additional Solicitor General submits that matters are pending in Allahabad, Delhi, Telangana and Kerala. The petitions before the High Courts are stated to be predicated on a challenge to the Faceless Appeal Scheme, 2020 on the ground that no ‘personal hearing’ has been […]

Employee not estopped from challenging employment conditions if not as per law: SC

September 3, 2021 3525 Views 0 comment Print

Somesh Thapliyal Vs Vice Chancellor (Supreme Court of India) The bargaining power is vested with the employer itself and the employee is left with no option but to accept the conditions dictated by the authority. If that being the reason, it is open for the employee to challenge the conditions if it is not being […]

SC dismissed SLP citing an alternative remedy of Appeal against Assessment Order

September 1, 2021 3714 Views 0 comment Print

Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) as alternative remedy of appeal against the Assessment order is available with the Petitioner.

Supreme Court modifies High Court’s Order by granting appropriate authority to issue fresh SCN

August 31, 2021 2121 Views 0 comment Print

State of Jharkhand & Ors. Vs Bihar Sponge Iron Ltd. (Supreme Court) Current appeal has been filed against the Order SLP(C)No. 14956 of 2020 dated October 23, 2019 by the Hon’ble Jharkhand HIgh Court (Jharkhand HC) which quashed the Show Cause Notice (SCN) on the grounds of it violating Section 70(5)(b)  of  Jharkhand Value Added […]

DRI officers cannot issue show cause notices under Section 28(4) of Customs Act, 1962: SC

August 31, 2021 7080 Views 0 comment Print

Commissioner of Customs Vs Agarwal Metals And Alloys (Supreme Court) The present appeal has been filed by Commissioner of Customs, Kandla (Appellant) against the Order in Customs Appeal No. 11756 of 2019 dated February 13, 2020 by the Hon’ble CESTAT, Ahmedabad  which held that demands confirmed by the Appellant, confiscation of goods and penalties imposed […]

Principle of Equal Pay for Equal Work Cannot be applied merely based on Designation: SC

August 31, 2021 2319 Views 0 comment Print

Union of India Vs Manoj Kumar (Supreme Court of India) In this case Para 3.1.3 which dealt with the disparity between the Secretariat and field offices has canvassed a case for parity between similarly placed persons employed in field offices and the Secretariat; in view of the field offices being at the cutting edge of […]

No Protection of Rent Act against Sarfaesi Proceedings to ‘Tenant in Sufferance’: SC

August 25, 2021 11055 Views 0 comment Print

Hemraj Ratnakar Salian Vs. HDFC Bank Ltd. & Ors. (Supreme Court) In the present case, first of all there is a serious doubt as to the bona fide of the tenant, as there is no good or sufficient evidence to establish the tenancy of the appellant. According to the appellant, he is a tenant of […]

SC issues notice on Plea challenging 18% GST on Diplomat of National Board course

August 23, 2021 2511 Views 0 comment Print

Association of Diplomate of National Board Doctors (Petitioner) has filed the current writ petition for quashing of Notification imposing of 18% Goods and Services Tax (GST) on fee deposited by Diplomate of National Board (DNB) students.

Amendment enhancing exempt Gratuity Limit cannot be treated to be retrospective: SC

August 13, 2021 1518 Views 0 comment Print

Krishna Gopal Tiwary & Anr. Vs Union of India (Supreme Court) What is exempt from the Income Tax Act is the amount of gratuity received under the Gratuity Act to the extent it does not exceed an amount calculated in accordance with the provisions of sub-sections (2) and (3) of Section 4 of the Gratuity […]

Rule 89(5) – Restriction on refund of ITC under inverted tax structure- SC reserves order

August 12, 2021 2466 Views 0 comment Print

Union of India Vs Quarry Owners Association (Supreme Court of India) Rule 89(5) – Restriction on refund of ITC under inverted tax structure- SC reserves order Supreme Court reserved the order on constitutional validity and vires of Rule 89(5) of the CGST Rules which  restrict the refund of taxes on input services under inverted tax […]

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