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supreme court judgements

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जस्ट डायल जस्ट डायल लिमिटेड बनाम पी एन विग्नेश और अन्य (सुप्रीम कोर्ट ऑफ़ इंडिया)

Corporate Law : सुप्रीम कोर्ट ने Justdial लिमिटेड बनाम पीएन विग्नेश मा...

August 16, 2024 324 Views 0 comment Print

SC In Manish Sisodia Case Criticises High/Trial Court for Playing It Safe In Bail Matters

Corporate Law : SC slams High Court for 'playing it safe' on bail in Manish Sisodia's case, emphasizing that bail should be the norm, not the exce...

August 10, 2024 291 Views 0 comment Print

SC Quashes Rape Case Filed After Relationship Went Sour

Corporate Law : Supreme Court quashes rape case, ruling consensual relationship. Calls for legal reforms to prevent misuse of penal laws against m...

August 5, 2024 1815 Views 0 comment Print

राज्य बार काउंसिल नामांकन शुल्क अधिक नहीं ले सकती ।

Corporate Law : सुप्रीम कोर्ट ने राज्य बार काउंसिलों द्वारा अत्य...

August 3, 2024 402 Views 0 comment Print

GST Case Law Compendium – July 2024 Edition

Goods and Services Tax : Explore critical GST case laws from July 2024, including SCN issuance, personal hearing rights, appeal delays, and more. Essential...

July 25, 2024 3474 Views 0 comment Print


Latest News


Latest Case Law Related to IBC – April to June 2023

Corporate Law : SC rules on Special Court jurisdiction; NCLAT redefines financial debt; HC upholds IBBI regulations and addresses various insolven...

August 14, 2024 321 Views 0 comment Print

Excise duty for intermediate products: SC admits Ecoboard Industries Ltd.’s appeal

Excise Duty : Supreme Court admits Ecoboard Industries Ltd.'s appeal on excise duty for intermediate products, questioning Tribunal's duty impo...

August 2, 2024 129 Views 0 comment Print

SC Stays Variation of Stay Order in Marwadi Shares and Finance Ltd. Case

Excise Duty : Case Title: M/s. Marwadi Shares and Finance Ltd. Vs. Union of India & Ors.; Special Leave to Appeal (C) No(s). 27124/2023; Dat...

June 6, 2024 537 Views 0 comment Print

SC to Review if Supplying Crane for Services Constitutes Transfer of ‘Right to Use’

Goods and Services Tax : Explore Supreme Court's scrutiny of whether supplying cranes for services like loading, unloading, lifting, and shifting qualifies...

May 21, 2024 828 Views 0 comment Print

SC issues Notice to to Finance Ministry on GST Return Revision Option on Portal

Goods and Services Tax : Explore the case of Pradeep Kanthed v. Union of India where the Supreme Court issues notice to the Finance Ministry regarding the ...

January 4, 2024 3186 Views 0 comment Print


Latest Judiciary


Vodafone Idea Not Liable for TDS on Foreign Telecom Charges

Income Tax : Supreme Court rules Vodafone Idea is not liable for TDS on payments to foreign telecom operators. The decision aligns with earlier...

August 16, 2024 1719 Views 0 comment Print

SC Upholds State Governments’ Tax Levy on Mining Activities wef April 1, 2005

Corporate Law : Supreme Court overrules India Cement case, ruling that MADA judgment should not be applied retrospectively to avoid disrupting pas...

August 14, 2024 321 Views 0 comment Print

Purchase Price defined u/s. 2(18) of GVAT would not include Value Added Tax: Supreme Court

Goods and Services Tax : Supreme Court held that the Purchase Price as defined u/s. 2(18) of the Gujarat Value Added Tax Act, 2003 would not include purcha...

August 10, 2024 144 Views 0 comment Print

Banks and NBFCs obliged to adopt restructuring process before classification of account as NPA: Supreme Court

Corporate Law : Supreme Court held that Banks/ Non-Banking Financial Companies (NBFCs) are obliged to adopt restructuring process of MSME as conte...

August 9, 2024 351 Views 0 comment Print

State Bar Councils Can’t Charge Fees Above Prescribed Limit: SC

Corporate Law : Supreme Court held that State Bar Councils (SBCs) cannot charge an enrolment fee or miscellaneous fees above the amount prescribed...

August 8, 2024 297 Views 0 comment Print


Latest Notifications


SC: Procedure for circulation of Letters for adjournment of cases

Corporate Law : Supreme Court of India introduces new procedures for case adjournments effective 14th February 2024, detailing strict guidelines a...

February 14, 2024 1230 Views 0 comment Print

EPFO: SC Judgment 04.11.2022: FAQs, Proof Requirements & Pension Computation

Corporate Law : Explore the updated FAQs on the implementation of the EPFO judgment dated 04.11.2022. Understand proof requirements, pension compu...

December 13, 2023 2145 Views 0 comment Print

Instructions on Implementing Abhisar Buildwell SC Judgment by CBDT

Income Tax : Comprehensive guide on CBDT's directives for AOs concerning the Abhisar Buildwell Supreme Court verdict. Dive into its implication...

August 23, 2023 12270 Views 0 comment Print

Supreme Court Guidelines for Written Submissions and Oral Arguments

Income Tax : Supreme Court's circular outlines guidelines for filing written submissions, documents, and oral arguments before Constitution Ben...

August 22, 2023 4623 Views 1 comment Print

ESI Act should receive a liberal & beneficial construction to promote its objects: SC

Corporate Law : The establishment M/s Radhika Theatre, situated at Warangal, Telangana was covered under ESI Act w.e.f. 16.01.1981 on the basis of...

February 8, 2023 1383 Views 0 comment Print


Builders cannot construct new buildings which is not part of the original plan which was disclosed to buyers

November 13, 2010 900 Views 0 comment Print

Flat owners needn’t dread nasty surprises like builders blocking their view or taking over their gardens by constructing new buildings on their premises. In an important order, the Bombay High Court has said developers cannot construct new buildings—

Transfer Pricing Provisions should be extended to domestic transactions to reduce litigation

November 11, 2010 1831 Views 0 comment Print

Q of S. 40A (2) not examined as exercise is “revenue-neutral”. Transfer Pricing Provisions should be extended to domestic transactions to “reduce litigation” The assessee did not have any employee other than a company secretary and all administrative services relating to marketing, finance, HR etc were provided by Glaxo Smith Kline Consumer Healthcare Ltd (“GSKCH”) pursuant to an agreement under which the assessee agreed to reimburse the costs incurred by GSKCH for providing the various services plus 5%. The costs towards services provided to the assessee were allocated on the basis suggested by a firm of CAs. The AO disallowed a part of the charges reimbursed on the ground that they were excessive and not for business purposes which was upheld by the CIT (A). However, the Tribunal deleted the disallowance on the ground that there was provision to disallow expenditure on the ground that it was excessive or unreasonable unless the case of the assessee fell within the scope of s. 40A (2). It was held that as it was not the case of the Department that s. 40A (2) was attracted, the disallowance could not be made (see 290 ITR 35 (Del) for facts). The department challenged the deletion. HELD dismissing the SLP

Supreme Court refuses to extend Satyam Raju's surrender deadline

November 10, 2010 342 Views 0 comment Print

New Delhi, Nov. 9 The Supreme Court on Tuesday dismissed the petition of Satyam’s founder-chairman Mr B. Ramalinga Raju asking for extending Wednesday’s deadline for his surrender. As a reason for extension of the deadline to surrender, Mr Raju, in

Supreme Court rejects plea, Raju to surrender tomorrow

November 9, 2010 435 Views 0 comment Print

The Supreme Court on Tuesday rejected scam-tainted Satyam Computer founder B Ramalinga Raju’splea seeking extension of time beyond November 10 to surrender. He now has to surrender on Wednesday. The SC had earlier cancelled Raju’s bail and directed h

Supreme Court approves Service tax on leasing services

November 6, 2010 2817 Views 0 comment Print

The service tax in the present case is neither on the material nor on sale. It is on the activity of financing/funding of equipment/ asset within the meaning of the words “financial leasing services” in Section 65(12)(a)(i).- the appellant(s) had moved the High Court in the writ petition challenging the validity of Section 66 of the Finance Act, 1994 on the value of taxable services referred to in Section 65(105)(zm) read with Section 65(12)(a)(i) without exhausting the statutory remedy. The contracts entered into by the appellant(s) with its customers were not vetted.

Service Tax on financial leasing services is Constitutionally valid -SC

October 30, 2010 420 Views 0 comment Print

service tax is a Value Added Tax which in turn is a destination based consumption tax in the sense that it is levied on commercial activities and it is not a charge on the business but on the consumer. That, service tax is an economic concept based on the principle of equivalence in a sense that consumption of goods and consumption of services are similar as they both satisfy human needs.

Contract for sale of moveable property amounts to conveyance and is subject to stamp duty

October 27, 2010 40826 Views 0 comment Print

The Supreme Court in view of the facts of the matter analyzed the Sale of Goods Act, 1930 [SGA] and ISA and held that, the true and real meaning of a document needs to be ascertained to answer whether a contract for sale of movable property amounts to conveyance, and if yes, whether stamp duty is chargeable. The Supreme Court held that the essence of sale is the transfer of the property in a thing from one person to another for a price. As per Section 4 of the SGA, the contract of sale includes an agreement to sell and it may be absolute or conditional. The essential feature that distinguishes a contract of sale from an agreement to sell is that in a contract of sale the property in the goods is transferred from the seller to the buyer immediately whereas in an agreement to sell, the property is transferred at a future date. Further, an agreement to sell becomes a sale on fulfillment of the conditions of the agreement or when the time provided lapses. Under Sec. 2(10) of ISA, inter alia, every document by which movable property is transferred is ‘conveyance’. In a contract, if all the essential conditions of transfer of movable property are transferred, and it amounts to conveyance within the meaning of the said Sec 2(10) it is chargeable to stamp duty under Article 23 if there is no exemption from payment of stamp duty under Article 62 of ISA. The Supreme Court also observed that just because a contract document contains a clause on security, does not make the document a ‘Security Document’.

Satyam case- Supreme Court cancels bail to Raju

October 27, 2010 375 Views 0 comment Print

The Supreme Court today cancelled the bails granted to Satyam Computer founder B Ramalinga Raju, his brother B Rama Raju and four others by the Andhra Pradesh High Court in the Rs 14,000-crore accounting fraud. Hearing the CBI plea, a Supreme Court b

Supreme Court dismisses Mahesh Bhupathi plea for tax relief

October 26, 2010 456 Views 0 comment Print

Mahesh Bhupathi has been a resolute fighter on the tennis court since he turned pro in 1995. Clawing his way up the ATP rankings, he has earned a career prize money of $5,191,184. But on Monday he decisively lost the tenacious fight he waged right up

Interest u/s 234A to 234C applicable to settlement commission proceedings, it is payable only up to the s. 245D(1) order and cannot be levied u/s 154

October 26, 2010 5122 Views 0 comment Print

Brij Lal & Ors Vs. CIT (Supreme Court) (1) Sections 234A, 234B and 234C are applicable to the proceedings of the Settlement Commission under Chapter XIX-A of the Act to the extent indicated hereinabove. (2) Consequent upon conclusion (1), the terminal point for the levy of interest under section 234B would be up to the date of the order under section 245D(1) and not up to the date of the Order of Settlement under section 245D(4).(3) The Settlement Commission cannot re-open its concluded proceedings by invoking section 154 of the Act so as to levy interest under section 234B, particularly, in view of section 245I.

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