supreme court judgements

Income Tax Updates for the Month of August 2019

Income Tax - NEWS INTERNATIONAL 1. Australian Taxation Office publishes important guidance on cross-border tax measures 2. Singapore, Turkmenistan sign comprehensive tax treaty 3. Zimbabwe proposes amendments to thin capitalization rules. 4. Bulgarian mandatory transfer pricing documentation rules enacted 5. USA and Curacao negotiating country-by-coun...

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Income Tax Updates for July 2019

Income Tax - NEWS – DIRECT TAX 1. Income Tax Department detects foreign assets in recent search. 2. NR earning income from investment fund set up in IFSC is exempt from filing of ITR. 3. CBDT extends due date for filing of ITR from 31-07-2019 to 31-08-2019. 4. Income earned by NR from off-shore investments routed through Category […]...

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Homebuyers’ Rights as Financial Creditors under IBC upheld by SC

Income Tax - Pioneer Urban Land and Infrastructure Limited & Anr. Vs. Union of India & Ors. (Suprme Court) Homebuyers’ Rights as Financial Creditors under IBC upheld by Supreme Court A Major Win for Homebuyers! The August 9 verdict of the Supreme Court, validating the amendment in the Insolvency and Bankruptcy Code (IBC), conferring the righ...

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Income Tax Updates for June 2019

Income Tax - NEWS  DIRECT TAX 1. CBDT clarified that an assessee is entitled to claim set-off of loss against income determined under section 115BBE of the Act till the assessment year 2016-17. [Ref: Circular no 11/2019 [F.NO.225/45/2019-ITA.II], Dated 19-6-2019] 2. CBDT issues revised guidelines for compounding of offences under Direct Tax Laws [Re...

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Income Tax Updates for May 2019

Income Tax - NEWS DIRECT TAX 1. CBDT notifies TIEA between India-Marshall Islands. [Notification no 40/2019/F.No. 503/1/2018-FT & TR– IV] 2. Form 15H can be furnished if no tax payable on income after sec. 87A rebate. [Notification No. 41/2019/F. No. 370142/5/2019-TPL] 3. CBDT releases draft notification proposing new audit report Form for Trust...

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Bar Council to Protest Hon’ble SC decision banning Strike /boycott of Court

Income Tax - Hon'ble Apex Court has restrained the Bar Associations/Bar Councils to give a call for strike/boycott/abstention/s of the Court in any event. The Judgment is a direct attack on the fundamental rights of the Lawyers. The meeting is being held to consider the line of action in this regard....

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Accredited Media Persons allowed to carry Mobile Phones Inside SC Courtrooms

Income Tax - It is submitted that Hon'ble the Chief Justice of India vide orders dated 11.05.2018 has been pleased to accede to the request of the accredited Media Persons to allow mobile phones on silent mode inside the Court Rooms. It has been directed that a cellphone creating any disturbance/nuisance inside Court Room will be confiscated by the Co...

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

Income Tax - 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

Income Tax - 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

Income Tax - 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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Client not bound by concession in law contrary to statutory rules made by his lawyer before a judicial authority

Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court) - Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court) We have heard learned counsel for the parties and find that the distinction between Trained Matric Teacher and Untrained Matric Teacher has not been appreciated by the Tribunal and the same error was committed ...

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Arbitration Act: Additional evidence cannot be permitted in Section 34 proceedings: SC

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) - M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) Conclusion: Since proceedings under Section 34 were summary proceedings and was not in the nature of a regular suit and in the arbitration proceedings, the parties had sufficient opportunity to adduce oral and documentary evidence...

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Section 7 Application under IBC governed by Article 137 of Limitation Act: SC

Gaurav Hargovindbhai Dave Vs Asset Reconstruction Company (India) Ltd.& Anr. (Supreme Court) - NCLT reached the conclusion that since the limitation period was 12 years from the date on which the money suit has become due, the aforesaid claim was filed within limitation and hence admitted the Section 7 application. The NCLAT vide the impugned judgment held, following its earlier judgments, th...

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Section 138 NI Act: Legal Heirs Can Challenge Conviction of deceased Convict

M. Abbas Haji Vs. T.N. Channakeshava (Supreme Court of India) - The legal heirs, in such a case, are neither liable to pay the fine or to undergo imprisonment. However, they have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence....

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Service Tax or Vat cannot be levied on Incorporated Club/ Association: SC

State of West Bengal & Ors. Vs Calcutta Club Limited (Supreme Court of India) - Hon'ble Supreme court, upheld the judgment or Ranchi club (Majorly Mutuality Concept). Explanation provided in the law doesn't apply on incorporated bodies. Held that NEITHER SERVICE TAX NOR VAT can be levied on incorporated club/ Associations. I am sure going to impact taxability in GST era too....

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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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Recent Posts in "supreme court judgements"

Client not bound by concession in law contrary to statutory rules made by his lawyer before a judicial authority

Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court)

Director of Elementary Education, Odisha & Ors. Vs Pramod Kumar Sahoo (Supreme Court) We have heard learned counsel for the parties and find that the distinction between Trained Matric Teacher and Untrained Matric Teacher has not been appreciated by the Tribunal and the same error was committed by the High Court as well. The concessio...

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Arbitration Act: Additional evidence cannot be permitted in Section 34 proceedings: SC

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court)

M/s. Canara Nidhi Limited Vs M. Shashikala And Others (Supreme Court) Conclusion: Since proceedings under Section 34 were summary proceedings and was not in the nature of a regular suit and in the arbitration proceedings, the parties had sufficient opportunity to adduce oral and documentary evidence, therefore, there was no necessity of a...

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Section 7 Application under IBC governed by Article 137 of Limitation Act: SC

Gaurav Hargovindbhai Dave Vs Asset Reconstruction Company (India) Ltd.& Anr. (Supreme Court)

NCLT reached the conclusion that since the limitation period was 12 years from the date on which the money suit has become due, the aforesaid claim was filed within limitation and hence admitted the Section 7 application. The NCLAT vide the impugned judgment held, following its earlier judgments, that the time of limitation would begin ru...

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Section 138 NI Act: Legal Heirs Can Challenge Conviction of deceased Convict

M. Abbas Haji Vs. T.N. Channakeshava (Supreme Court of India)

The legal heirs, in such a case, are neither liable to pay the fine or to undergo imprisonment. However, they have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence....

Read More

Service Tax or Vat cannot be levied on Incorporated Club/ Association: SC

State of West Bengal & Ors. Vs Calcutta Club Limited (Supreme Court of India)

Hon'ble Supreme court, upheld the judgment or Ranchi club (Majorly Mutuality Concept). Explanation provided in the law doesn't apply on incorporated bodies. Held that NEITHER SERVICE TAX NOR VAT can be levied on incorporated club/ Associations. I am sure going to impact taxability in GST era too....

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Chief Judicial Magistrate can entertain secured creditor application under SARFAESI Law: SC

The Authorised Officer, Indian Bank Vs D. Visalakshi and Anr. (Supreme Court of India)

Chief Judicial Magistrate (CJM) was equally competent to deal with the application moved by the secured creditor under Section 14 of the SARFAESI Act as substitution of functionaries (CMM as CJM) qua the administrative and executive or so to say non-­judicial functions discharged by them in light of the provisions of Code of Criminal Pro...

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SC dismisses IL&FS Petition against La-Fin on being time-barred

Jignesh Shah & Anr. Vs Union of India & Anr. (Supreme Court of India)

Winding up petition filed in October 2016 by IL&FS Financial Services Ltd. against La-Fin before the Bombay High Court which was transferred to the NCLT with respect to the alleged default by La-Fin in not complying with its undertaking to buy back 442 lakh equity shares of MCX-SX (a group company of La-Fin) from IL&FS  in August 2012 wa...

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Appellate authority cannot reduce or waive 25% pre-deposit u/s 62(5) of Punjab VAT: SC

M/s Tecnimont Pvt. Ltd. Vs State of Punjab & Others (Supreme Court of India)

M/s Tecnimont Pvt. Ltd. Vs State of Punjab & Others (Supreme Court) In this case Supreme Court reversed the decision of Punjab and Haryana High Court in the case of PSPCL ltd Vs state of Punjab wherein the HC had held that appellate authority can in appropriate cases reduce or waive 25% of pre-deposit u/s […]...

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Refund claim not maintainable if no appeal filed against assessment order on Bill of Entry: SC

ITC Limited Vs Commissioner of Central Excise (Supreme Court of India)

ITC Limited Vs Commissioner of Central Excise (Supreme Court) As the order of self ­assessment is nonetheless an assessment order passed under the Act, obviously it would be appealable by any person aggrieved thereby. The expression ‘Any person’ is of wider amplitude. The revenue, as well as assessee, can also prefer an appeal ag...

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Income Tax Updates for the Month of August 2019

NEWS INTERNATIONAL 1. Australian Taxation Office publishes important guidance on cross-border tax measures 2. Singapore, Turkmenistan sign comprehensive tax treaty 3. Zimbabwe proposes amendments to thin capitalization rules. 4. Bulgarian mandatory transfer pricing documentation rules enacted 5. USA and Curacao negotiating country-by-coun...

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