supreme court judgements

9 Landmark Judgements in Insolvency and Bankruptcy Code, 2016

SEBI - The evolving law in due course is seeing some settlement (not by virtue of Article 142 of the Indian Constitution though), but some imperative issues, still some require settlement, and certain others warrant immediate changes. Briefly discussed below are a few imperative judicial pronouncements....

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Whether subsidy by Government is capital receipt or revenue receipt

SEBI - Recently the Supreme Court while disposing off the batch of cases along with Chaphalkar Brothers [TS-589-SC-2017] held that grant of subsidies by the State Governments of India by way of exemption from entertainment tax to newly constructed multiplexes would qualify as capital receipt under the Indian Tax Act. ...

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SC judgment interpreting consumer protection Act excluding a trust

SEBI - A Public Trust engaged in a good cause are made to suffer for the deficiencies and malpractices of the service providers by such narrow interpretation. It is not an equitable and just interpretation...

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Formula One…Whats the Game?

SEBI - You would be aware that, recently Supreme Court upheld the decision of Delhi High Court in the case of Fomrula One that it does have Permanent Establishment [PE] in India....

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Post sale discounts shall not form part of the turnover

SEBI - The Appellant raised the tax invoices on the purchasers as per the policy of manufacturers of vehicles to maintain uniformity in the price thereof. After the sales were completed, credit notes were issued to the customers granting discounts, in order to meet the competition in the market and for allied reasons. ...

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Text of Letter From 4 Senior SC Judges to to Chief Justice of India

SEBI - It is with great anguish and concern that we have thought it proper to address this letter to you so as to highlight certain judicial orders passed by thin Court which has adversely affected the overall functioning of the justice delivery system and the independence of the High Courts besides impacting the administrative functioning of th...

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An overview of new Automated Listing of Cases Before SC

SEBI - Fresh admission cases registered from Saturday to Tuesday will be listed on the following Court working Monday or the notified miscellanous day and fresh cases registered from Wednesday to Friday will be listed on next the following Court working Friday or the notified Miscellaneous day, from the date of removal of office objections, if a...

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Highlights of SC Judgement on Aadhar PAN Linkage

SEBI - Supreme Court of India in its Landmark Judgement has upheld Section 139AA of the Income Tax Act,1961 as constitutionally valid which required quoting of the Aadhaar number in applying for PAN as well as for filing of income tax returns....

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Hike Senior Citizen’s Pension to Rs 2000 P.M.: Amicus Curiae

SEBI - In 2013 we had recommended to the Parliamentary Committee of the Social Justice and Empowerment Ministry chaired by Mr Hemanand Biswal the amount of 1000 Rs ( which is recorded in the report). In 2017 with inflation and consequent indexing it wall be Rs 2000/- which is half the minimum working wage as prescribed by Government of India....

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Petition filed in SC on Mandatory Quoting of Aadhaar for filing ITR

SEBI - Text of Petition filed in Supreme Court on Mandatory Quoting of Aadhaar for filing ITR is as follows. Matter is expected to come up for hearing on Monday 17th April 2017....

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Naive to say that screen-based trades are anonymous and not synchronised: SC

Securities And Exchange Board Of India Vs. Rakhi Trading Private Ltd. (Supreme Court of India) - The Supreme Court has set aside an order of the Securities Appellate Tribunal (SAT) which held that only if there is market impact on account of sham transactions, could there be violation of the Prohibition of Fraudulent and Unfair Trade Practices Regulations. ...

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SC issues interim directions issued regarding method for selection of ITAT Members

Kudrat Sandhu Vs. UOI (Supreme Court of India) - Appointment of Tribunal Members under new rules: interim directions issued regarding the method for selection of Tribunal Members and their terms and period of appointment...

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Rule 8D of Income Tax Rules is Prospective & cannot be applied to AY prior to 2008-09

Commissioner of Income Tax Vs M/s Essar Telehoding Ltd. (Supreme Court of India) - CIT Vs M/s Essar Telehoding Ltd. (Supreme Court of India) Applying the principles of statutory interpretation for interpreting retrospectivity of a fiscal statute and looking into the nature and purpose of sub­section (2) and sub­section (3) of Section 14A as well as purpose and intent of Rule 8D ...

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Taxability of FOC Supplies made by recipient of service to service provider

Commissioner Of Service Tax Del Vs. M/s. Bhayana Builders (P) Ltd. Etc. (Supreme Court of India) - On issue of Service Tax applicability on free of cost (FOC) supplies by the service recipient of construction service to the service provider (assessee), we are sharing with you a landmark judgement of the Hon’ble Supreme Court, decided in favour of the assessee, in the case of Commissioner of Ser...

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SC on Cenvat Credit on GTA service availed for transport of goods from place of removal to buyer’s premises

Commissioner Of Central Excise Vs. Ultra Tech Cement Ltd. (Supreme Court of India) - The core issue involved in the present case is with regard to the admissibility or otherwise of the Cenvat Credit on Goods Transport Agency service availed for transport of goods from the place of removal to buyer’s premises. ...

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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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‘Stainless steel wire’ is not declared goods under MVAT Provisions

Trade Circular No. 11 T of 2014 - (04/04/2014) - The matter is referred to Government for guidance as to whether the Supreme Court judgement be enforced for transactions effected prior to the date of the Supreme Court judgement i.e 26.4.2011....

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Rape is morally and physically most reprehensible crime in society – SC

NA - (20/05/2013) - Being the most hated crime, rape tantamounts to a serious blow to the supreme honour of a woman, and offends both, her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks....

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supreme court judgements’s Popular Posts

Recent Posts in "supreme court judgements"

Naive to say that screen-based trades are anonymous and not synchronised: SC

Securities And Exchange Board Of India Vs. Rakhi Trading Private Ltd. (Supreme Court of India)

The Supreme Court has set aside an order of the Securities Appellate Tribunal (SAT) which held that only if there is market impact on account of sham transactions, could there be violation of the Prohibition of Fraudulent and Unfair Trade Practices Regulations. ...

Read More

SC issues interim directions issued regarding method for selection of ITAT Members

Kudrat Sandhu Vs. UOI (Supreme Court of India)

Appointment of Tribunal Members under new rules: interim directions issued regarding the method for selection of Tribunal Members and their terms and period of appointment...

Read More

Rule 8D of Income Tax Rules is Prospective & cannot be applied to AY prior to 2008-09

Commissioner of Income Tax Vs M/s Essar Telehoding Ltd. (Supreme Court of India)

CIT Vs M/s Essar Telehoding Ltd. (Supreme Court of India) Applying the principles of statutory interpretation for interpreting retrospectivity of a fiscal statute and looking into the nature and purpose of sub­section (2) and sub­section (3) of Section 14A as well as purpose and intent of Rule 8D coupled with the explanatory notes in th...

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Taxability of FOC Supplies made by recipient of service to service provider

Commissioner Of Service Tax Del Vs. M/s. Bhayana Builders (P) Ltd. Etc. (Supreme Court of India)

On issue of Service Tax applicability on free of cost (FOC) supplies by the service recipient of construction service to the service provider (assessee), we are sharing with you a landmark judgement of the Hon’ble Supreme Court, decided in favour of the assessee, in the case of Commissioner of Service Tax Vs. M/s Bhayana Builders (P) Lt...

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SC on Cenvat Credit on GTA service availed for transport of goods from place of removal to buyer’s premises

Commissioner Of Central Excise Vs. Ultra Tech Cement Ltd. (Supreme Court of India)

The core issue involved in the present case is with regard to the admissibility or otherwise of the Cenvat Credit on Goods Transport Agency service availed for transport of goods from the place of removal to buyer’s premises. ...

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Max opp Investment Ltd (SC)- Section 14A – An Analysis

Max opp Investment Ltd. Vs. CIT (Supreme Court of India)

Supreme Court (SC) Ruling - Whether the expenditure incurred (including interest paid on funds borrowed), while purchasing the shares/ stocks of a company for the purpose of gaining control over the investee company or as 'stock-in-trade' (i.e. as a business activity) and not as investment to earn dividends, can be treated as expenditure ...

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Foreign countries Lawyers / Law Firms cannot practice law profession in India: SC

Bar Council Of India Vs. A.K. Balaji And Ors. (Supreme Court)

Lawyers of foreign countries or their law firms cannot practice profession of law in India, Bar Council of India or Union of India are at liberty to make appropriate rules in this regard....

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Sec. 14A – End of controversy relating to strategic investments & stock-in-trade

Max opp Investment Ltd Vs. CIT (Supreme Court of India)

In case of group of companies, normally a company hold shares in various subsidiaries / group companies. The dividend paid by these group companies is exempt in the hands of the parent company under section 10(34) of the Income-tax Act, 1961 (Act). ...

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SC extends last date for linking of Aadhaar in bank A/c, PAN & SIM cards

Justice K.S. Puttaswamy (Retd) & Anr. Vs. Union Of India & Ors. (Supreme Court of India)

The Supreme Court on 13th March 2018 has extended the last date for linking of Aadhaar in bank accounts, PAN cards, SIM cards, etc from 31st march 2018 till the date of the final judgement. As per the Supreme Court's order dated 13th March 2018, the requirement of Aadhaar for opening new bank accounts and applying for Tatkal passports und...

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Foreign law firms/ lawyers cannot practice in India; SC answer 5 Questions

Bar Council Of India Vs. A.K. Balaji And Ors. (Supreme Court)

(i) Whether the expression 'practise the profession of law' includes only litigation practice or non-litigation practice also; (ii) Whether such practice by foreign law firms or foreign lawyers is permissible without fulfilling the requirements of Advocates Act and the Bar Council of India Rules;...

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