supreme court judgements

Direct & Indirect Taxes Updates- July 2020

CA, CS, CMA - DIRECT TAXES UPDATES Recent circulars/ notifications/ rules/ clarifications/News ♦ CBDT extends due date for Income Tax Returns for FY 2018-19 from 31st July 2020 to 30th September 2020 (Notification no. 56/2020 dated 29th July 2020). ♦ CMDT amends rule 31a and form 26Q from 3rd July 2020 w.r.t. providing certain information related t...

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Judicial Pronouncements- Income Tax (April-July 2020)

CA, CS, CMA - April 2020 Union of India & Ors. Vs Exide Industries Limited & Anr. (Supreme Court); Civil Appeal No. 3545/2009; 24/04/2020 Supreme court upheld the constitutional validity of section 43B(f) of income tax Act i.e. deduction is available only on actual payment of leave to the credit of employee BT India Private Ltd. Vs ITO (Delhi [...

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Tax Avoidance vs Evasion: A Harmonious reading of landmark Judgements of SC

CA, CS, CMA - In McDowell it was held that if a transaction was carried with an intention to avoid taxes it was up to the judiciary to decide whether the same ought to be regarded. In other words, the duty to decide the validity of the transaction was left to the court....

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TDS liability on payment to non-residents which is exempt under DTAA

CA, CS, CMA - TDS liability on payment to non-residents which is exempt under DTAA The Supreme Court in its recent judgment in the case of  PILCOM vs CIT in SLP (CIVIL) No.7315 of 2019  has created a controversy on the withholding tax provision on the payment to be made to Non-resident. The recent judgement of Supreme Court has […]...

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Hon’ble SC refuses to interfere with period of validity of cheque

CA, CS, CMA - REG: SUO MOTU WRIT PETITION(CIVIL) NO. 3 OF 2020 [IN RE-COGNIZANCE FOR EXTENSION OF LIMITATION] In Suo Moto Writ Petition (C) No. 3/2020, by order dated 23.03.2020 and 06.05.2020, Apex Court ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 shall be extended w.e.f. 15.03.2020 till further o...

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SC teaches Court etiquettes to erring lawyer

CA, CS, CMA - Covid pandemic has ushered in a new era and have brought  in new concepts and ways of working in different spheres of life. Our legal system has also undergone a complete change and Video Conferencing Hearings have become the order of the day. The Apex Court and various High Courts are virtually hearing important matters […]...

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SC to soon decide on exigibility of interest on interest on deferred loans during moratorium

CA, CS, CMA - The Reserve Bank of India, in view of the Covid pandemic, realised the financial emergency and liquidity crunch in our economy due to lockdown, announced moratorium for all loans for a certain period. However, there is dispute about the chargeability of interest  by the Banks/ Financial Corporations on this extended period. The business ...

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SC shows concern for poor plight of migrant labour- orders facilitation of stranded labour

CA, CS, CMA - Modi Government announced early  Lockdown to save the country from Covid- 19. The whole world applauded his timely action. The limited number of infected people & low mortality in our country as compared to the Western world speaks volumes of the timely imposition of lockdown and remedial measures undertaken by our government. But in...

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Declare national financial emergency in Country in the wake of coronavirus

CA, CS, CMA - Centre For Accountability And Systemic Change (CASC) has filed a petition in Supreme Court for direction to Ministry Of Home Affairs/Central Government to declare national financial emergency in the Country in the wake of the coronavirus (COVID-19) pandemic. Relevant text of the Petition is as follows:- MOST RESPECTFULLY SHOWETH: 1. Writ ...

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CA Challenges Constitutional validity of Vivad se Vishwas Act 2020

CA, CS, CMA - CA Satyaprakash Singh from Mumbai has challenged Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020 by FIling a Public Interest Petition with Hon’ble Supreme Court of India. By this Public Interest Petition, the Petitioner is impugning the Constitutional validity of Section 9 of Vivad se Vishwas Act, 2020. The Respon...

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Supreme Court Judgment on Disallowance under Section 40(a)(ia)

Shree Choudhary Transport Company Vs ITO (Supreme Court) - Shree Choudhary Transport Company Vs ITO (Supreme Court) 1. As to whether Section 194C of the Act does not apply to the present case? Whether the appellant had specific and identified trucks on its rolls or had been picking them up on freelance basis, the legal effect on the status of parties had be...

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FERA Offence Liability depends on Role in Company Affairs & Not on Mere Designation or Status: SC

Shailendra Swarup Vs The Deputy Director (Supreme Court of India) - Shailendra Swarup Vs Deputy Director (Supreme Court of India) Section 68 of FERA, 1973 deals with Offences by companies. Section 68(1) provides that every person who, at the time of the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of ...

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Dispute under IBC Code Must be Truly Exist in Facts

Vishal Vijay Kalantri Vs DBM Geotechnics & constructions PVT. LTD. & Anr. (Supreme court) - The Supreme Court has reiterated that 'dispute' for the purpose of Section 8 of the Insolvency and Bankruptcy Code must truly exist in the facts and spurious, hypothetical and illusory...

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Ultratech Cement liable to Pay Interest @ 12% on Exessive Subsidy until Entire Excess Subsidy Recovered

Ultratech Cement Ltd. & Anr. Vs State of Rajasthan & Ors (Supreme Court) - Whether interest will be levied on availment of excessive subsidies of 25% under Rajasthan Investment Promotion Scheme-2003 until the whole excessive subsidies are recovered?...

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Factors to be considered in case of Motor Vehicle Accident Compensation

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court) - Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court) In a recent judgment on 27th July 2020, the Supreme Court of India has concluded it shall be necessary to take note of the factors like career prospects and future advancement in life while applying the multiplier method t...

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SC SOP: Advocate-on-Record & Party-in-Person to file soft copy of petition

F. No. 10/Judl.2020 - (27/07/2020) - SC direct that henceforth Advocate-on-Record and Party-in-Person shall file soft copy of the petition as well as the accompanying documents, filed in physical form at the filing counter of the Registry....

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SC Relaxes Dress Code For Lawyers Amid Pandemic

F. No. 06/Judl./2020 - (13/05/2020) - Considering the medical advice, as a precautionary measure to contain spread of Coronavirus (COULD-L9) infection under the prevailing conditions, the Competent Authority has been pleased to direct that the advocates may wear plain white-shirt/white-salwar-kameez/ white saree, with a plain-white neck...

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SC revises Format for Index of Case File/ Paper book

F.No.172/Judl./2017 - (02/06/2017) - It it hereby notified for information of the Members of Bar, Parties-in-Person and all concerned that the Competent Authority has directed that henceforth the case file/paper book shall have one common index, having running pagination, as per the format attached herewith....

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SC Guideline for Listing of urgent matters during Vacations

F.No. 169/Judl./2017 - (01/05/2017) - It is hereby notified for the information of all concerned that the following norms/guidelines have been laid down for listing of urgent matters during the ensuing vacation viz. from 11.5.2017 to 2.7.2017 :...

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Advocates only in proper uniform be allowed entry into Court Rooms – SC

NA - (02/12/2014) - On 24.11.2014 an Advocate, wearing Black Gown, Band and Saffron colour long gown entered into the Hon'ble Chief Justice's Court which was viewed seriously. It has been directed that, in future, Advocates only in proper uniform be allowed entry into the Court Rooms....

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supreme court judgements’s Popular Posts

Recent Posts in "supreme court judgements"

Direct & Indirect Taxes Updates- July 2020

DIRECT TAXES UPDATES Recent circulars/ notifications/ rules/ clarifications/News ♦ CBDT extends due date for Income Tax Returns for FY 2018-19 from 31st July 2020 to 30th September 2020 (Notification no. 56/2020 dated 29th July 2020). ♦ CMDT amends rule 31a and form 26Q from 3rd July 2020 w.r.t. providing certain information related t...

Read More

Supreme Court Judgment on Disallowance under Section 40(a)(ia)

Shree Choudhary Transport Company Vs ITO (Supreme Court)

Shree Choudhary Transport Company Vs ITO (Supreme Court) 1. As to whether Section 194C of the Act does not apply to the present case? Whether the appellant had specific and identified trucks on its rolls or had been picking them up on freelance basis, the legal effect on the status of parties had been the […]...

Read More

FERA Offence Liability depends on Role in Company Affairs & Not on Mere Designation or Status: SC

Shailendra Swarup Vs The Deputy Director (Supreme Court of India)

Shailendra Swarup Vs Deputy Director (Supreme Court of India) Section 68 of FERA, 1973 deals with Offences by companies. Section 68(1) provides that every person who, at the time of the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as […]...

Read More

Judicial Pronouncements- Income Tax (April-July 2020)

April 2020 Union of India & Ors. Vs Exide Industries Limited & Anr. (Supreme Court); Civil Appeal No. 3545/2009; 24/04/2020 Supreme court upheld the constitutional validity of section 43B(f) of income tax Act i.e. deduction is available only on actual payment of leave to the credit of employee BT India Private Ltd. Vs ITO (Delhi [...

Read More

Dispute under IBC Code Must be Truly Exist in Facts

Vishal Vijay Kalantri Vs DBM Geotechnics & constructions PVT. LTD. & Anr. (Supreme court)

The Supreme Court has reiterated that 'dispute' for the purpose of Section 8 of the Insolvency and Bankruptcy Code must truly exist in the facts and spurious, hypothetical and illusory...

Read More

Ultratech Cement liable to Pay Interest @ 12% on Exessive Subsidy until Entire Excess Subsidy Recovered

Ultratech Cement Ltd. & Anr. Vs State of Rajasthan & Ors (Supreme Court)

Whether interest will be levied on availment of excessive subsidies of 25% under Rajasthan Investment Promotion Scheme-2003 until the whole excessive subsidies are recovered?...

Read More

Factors to be considered in case of Motor Vehicle Accident Compensation

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court)

Erudhaya Priya vs State Express Transport Corporation Ltd. (Supreme Court) In a recent judgment on 27th July 2020, the Supreme Court of India has concluded it shall be necessary to take note of the factors like career prospects and future advancement in life while applying the multiplier method to calculate that while applying the mult...

Read More

Office established merely for communication is not a PE under India-Korea DTAA

Director of Income Tax Vs Vs Samsung Heavy Industries Co. Ltd. (Supreme Court)

whether the office which is established merely for the sake of communication is covered under the character of Permanent Establishment (PE) under India-Korea DTAA?...

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Tax Avoidance vs Evasion: A Harmonious reading of landmark Judgements of SC

In McDowell it was held that if a transaction was carried with an intention to avoid taxes it was up to the judiciary to decide whether the same ought to be regarded. In other words, the duty to decide the validity of the transaction was left to the court....

Read More

Compensation attributable to a negative/restrictive covenant is a capital receipt & Taxable u/s 28(va)

Shiv Raj Gupta Vs CIT (Supreme Court)

The issue under consideration is whether the non-compete fee could be taxed under any provision other than Section 28(ii)(a) of the Income Tax Act, 1961?...

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