Goods and Services Tax : Supreme Court upheld Section 69 GST arrest powers, requiring recorded reasons, CrPC safeguards, CBIC instructions and limiting arr...
Income Tax : The Supreme Court held excise duty paid by buyers formed part of turnover, discussed colourable devices, and distinguished legitim...
Corporate Law : A non-speaking dismissal of an SLP does not affirm the High Court's reasoning or constitute law under Article 141. The doctrine of...
Corporate Law : The Supreme Court ruled that summoning hotel booking records and call detail records to prove adultery does not violate privacy, a...
Corporate Law : The Supreme Court agreed to examine allegations that bank dues were settled at steep discounts through ARCs, while clarifying that...
Corporate Law : The Supreme Court upheld joint insolvency proceedings against two interconnected real estate companies due to common management an...
Corporate Law : Supreme Court ruled that CoC and RP can surrender financially burdensome assets voluntarily, clarifying moratorium under section 1...
Corporate Law : SC clarifies limits of High Court's writ powers in IBC cases and recognises Indian CIRP as foreign main proceeding in cross-border...
Corporate Law : Justice BR Gavai sworn in as India's 52nd Chief Justice. Focus areas include addressing case pendency and improving court infrastr...
Corporate Law : Key IBC case law updates from Oct-Dec 2024, covering Supreme Court and High Court decisions on CoC powers, resolution plans, relat...
Corporate Law : SC held a Ministers statement binds the Government only if it reflects the Governments view and declined to issue speech guideline...
Corporate Law : Supreme Court granted bail under the PMLA, noting prolonged custody, documentary evidence, delayed trial, parity with co-accused, ...
Corporate Law : Supreme Court set aside the High Court's PMLA bail order for failure to apply Section 45 twin conditions and remanded the matter f...
Corporate Law : Supreme Court declined to refer the Article 370 challenge to a larger Bench, holding there was no conflict between earlier Constit...
Corporate Law : Supreme Court upheld termination of a slum redevelopment developer for prolonged delay and reaffirmed the statutory duty and accou...
Corporate Law : The Bill seeks to amend Articles 15 and 16 to allow reservation for backward classes proportionate to their population identified ...
Fema / RBI : RBI directs banks, NBFCs, and other entities to implement Supreme Court’s accessibility guidelines for digital KYC, ensuring inc...
Income Tax : CBDT raises monetary limits for tax appeals: Rs. 60 lakh for ITAT, Rs. 2 crore for High Court, and Rs. 5 crore for Supreme Court, ...
Corporate Law : No restrictions on joint bank accounts or nominations for the queer community, as clarified by the Supreme Court and RBI in August...
Corporate Law : Supreme Court of India introduces new procedures for case adjournments effective 14th February 2024, detailing strict guidelines a...
Writ petition & Appeal to be filed with High Court and Supreme Court and circumstances thereof Article 32 and Article 226 of the Constitution provide two separate but parallel provisions of writ jurisdiction with the Supreme Court and High Courts respectively. Article 32 has been incorporated as a fundamental right and it provides for the […]
Ashwini Sahakari Rugnalaya & Res. Centre Vs CCIT & Ors. (Supreme Court) The short question which arises for consideration is the claim of the appellant for benefit under Section 10 (23C) (via) of the Income Tax Act, 1961 for the assessment years 1999-2000 to 2002- 2003. The benefits in terms of the section are available […]
Supreme Court ratifies Section 54(3) of CGST Act, 2017 & Rule 89(5) of CGST Rules, 2017 Inequities in Rule 89(5) are to be ironed out by the Government in the course of the application of the formula for computation of Refund in case of Inverted Tax structure The Supreme Court on Monday 13th September 14, 2021, held […]
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 […]
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 issues notice in Apollo Tyres Ltd. Vs ACIT case, petitioner contests non-suiting by relying on contrary views of other High Courts.
As we all are that the refund of unutilized Input tax credit of inverted duty (ITC) under GST is dealt under Section 54(3) (ii). In terms of Section 54(3) of Central Goods and Service Tax (CGST Act, 2017) refund of unutilized input tax credit shall be allowed only in two cases as mentioned below; 1. […]
In the landmark judgement the Hon’ble Supreme Court of India allowed the appeal of the South Indian Bank by settling the long drawn battle between the assessee and the department on whether proportionate disallowance of interest paid by the banks is called for under section 14A of the Income Tax Act for investments made in tax free bonds/securities which yield tax free dividend and interest of assesse Banks when assesse had sufficient interest free own fund which were more than the investments made.
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 […]
Summary of some key decisions of the Hon’ble Supreme Court of India has been provided below. Arbitration Possible view by Arbitral Tribunal on construction of contractual terms cannot be substituted by High Court under Section 37(1)(c) of Arbitration Act The Supreme Court has discussed and summarised the principles applicable to a Court’s interference with an […]
