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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


Non confirmation of minutes does not have any effect on the decision taken at the earlier meeting: SC

July 24, 2009 934 Views 0 comment Print

Supreme Court of India has decided in the Matter Kerala State Electricity Board V/s Hindustan Construction Co. Limited [2009] 91 SCL 183 (SC) inter alia decide that “Confirmation of minutes of Board meeting or any committee meeting does not require confirmation in subsequent meeting. Non confirmation of minutes does not have any effect on the decision taken at the earlier meeting.

Furnishing bank guarantee cannot be equated with actual payment under Section 43B of IT Act

July 17, 2009 898 Views 0 comment Print

8. We shall first deal with the question whether furnishing of bank guarantee amounts to actual payment and fulfils the conditions stipulated in section 43B of the Act. The requirement of Section 43B of the Act is the actual payment and not deemed payment as condition precedent for making the claim for deduction in respect of any of the expenditure incurred by the assessee during the relevant previous year specified in Section 43B.

Validity of notice issued by AO u/s 148 pursuant to directions of CIT u/s. 263

July 17, 2009 1408 Views 0 comment Print

20. An Income Tax Officer while passing an order of assessment performs judicial function. An appeal lies against his order before the Appellate Authority. A Revision Application would also lie before the Commissioner of Income Tax. It is trite that the jurisdiction exercised by the Revisional Authority pertains to his Appellate jurisdiction. See Shankar Ramchandra Abhyankar vs. Krishnaji Dattatraya Bapat

Bombay High Court dismissed about 400 appeals of Income Tax department

July 11, 2009 1120 Views 0 comment Print

The I-T department has lost the opportunity to recover revenues running into thousands of crores after failing to file its appeals before the Bombay High Court within the stipulated period of 120 days. The Bombay High Court has dismissed about 400 appeals recently. Section 260 A of the Income-Tax Act stipulates that an appeal against the Income-Tax Appellate Tribunal (ITAT)

Practice as advocate not required for appointment as HC judge

July 10, 2009 418 Views 0 comment Print

Shri. Satish Chandra, former ITAT Member, was appointed judge of the Allahabad High Court on 6.8.2008. The appointment was challenged on the ground that he had not practiced for even a day as an advocate and that he was not eligible for appointment under Article 217(2) and Article 217(1) of the Constitution. It was also alleged that the mandatory process of consultation under the Constitution had not been followed.

Balancing charge is not chargeable to tax: Supreme Court

July 9, 2009 8011 Views 0 comment Print

The assessee purchased bottles and crates costing less than Rs. 5,000/- and was allowed 100% depreciation thereon u/s 32 (1) (ii). When the bottles and crates got worn out, they were sold by the assessee. The question arose whether the said sale proceeds were assessable to tax. Prior to AY 1988-89, the sale proceeds would have been assessable as a “balancing charge” u/s 41 (2)

UOI vs. Dharmendra Textile 306 ITR 277 (SC) on 271(1)(c) penalty distinguished

July 6, 2009 12413 Views 0 comment Print

The assessee claimed that its entire receipts were exempt from tax u/s 10 (29). The AO took the view that only income “derived” from warehousing was exempt and not other income. The AO’s stand was confirmed by the ITAT. The AO levied penalty u/s 271 (1) (c) for concealment of income which was deleted by the Tribunal with the finding that though the claim was wrong, the assessee

Dharamendra Textile’s case cannot be said to hold that section 11AC would apply to every case of non-payment or short payment of duty

June 22, 2009 310 Views 0 comment Print

18. One cannot fail to notice that both the proviso to sub section 1 of section 11A and section 11AC use the same expressions: “….by reasons of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty,…”. In other words the conditions that would extend the normal period of one year to five years

Provision for warranty is allowable if in past defects were there in products: SC

June 21, 2009 8814 Views 0 comment Print

10. What is a provision? This is the question which needs to be answered. A provision is a liability which can be measured only by using a substantial degree of estimation. A provision is recognized when: (a) an enterprise has a present obligation as a result of a past event; (b) it is probable that an outflow of resources will be required to settle the obligation; and (c) a reliable estimate can be made of the amount of the obligation

SC acquits man from charge of taking bribe of Rs 25 after 20 years

May 30, 2009 600 Views 0 comment Print

New Delhi: More than 20 years after he was arrested for allegedly accepting a bribe of Rs 25, the Supreme Court has acquitted a clerk of the charge. “As the evidence produced by the prosecution has neither quality nor credibility, it will be unsafe to rest conviction upon such evidence,” a vacation bench comprising justices […]

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