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 set aside the PMLA cognizance order as the accused was not heard under the first proviso to Section 223(1) BNSS before cognizan...
Corporate Law : Supreme Court dismissed a miscellaneous application challenging its signed order, holding it not maintainable and imposing ₹2,00...
Income Tax : Supreme Court modified compensation by reassessing a self-employed deceased’s annual income after considering ITRs and business ...
Corporate Law : SC allowed the appeal and granted NDPS bail after holding that a case for bail was made out, subject to Trial Court conditions....
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 : 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...
Supreme Court held that Looking to the amount of tax involved in this case, we are of the view that the High Court ought to have decided the matter on merits. In all such cases where there is delay on the part of the Department, we request the High Court to consider imposing costs but certainly it should examine the cases on merits and should not dispose of cases merely on the ground of delay, particularly when huge stakes are involved.
Central Excise – SSI Exemption – Use of another person’s brand name – Not entitled for exemption: It is manifest from a bare reading of Clause 4 of the Notification, read with Explanation IX that it clearly debars an assessee from the benefit of exemption under the notification, if he uses another person’s brand or trade name with the intention of indicating a connection between the assessee’s goods and such other person. It is evident that the object of the exemption notification is to grant benefits only to those industries which otherwise do not have the advantage of brand or trade name. In order to avail of the benefit of the exemption notification, the assessee must establish that his product is not associated with some other person: if it is shown that the assessee has affixed the brand name of another person on his goods with the intention of indicating a connection between the assessee’s goods and the goods of another person, using such name or mark, then the assessee would not be entitled to the benefit of exemption notification; if the assessee is able to satisfy the Adjudicating Authority that there was no such intention, or that the user of the brand name was entirely fortuitous, it would be entitled to the benefit of the exemption
A person who was convicted for an offence and removed from service cannot claim backwages even if he was acquitted later, the Supreme Court ruled in the case, Corp Mithilesh vs Union of India. Merely because he is acquitted, he is not entitled to backwages and other consequential benefits, the court said.
The Supreme Court last week stated that goods and services hired for commercial purposes cannot be the subject matter of a consumer complaint under the Consumer Protection Act. It set aside the judgment of the National Consumer Commission in the case
Full Bench: whether MAT credit admissible in terms of Section 115JAA has to be set off against the tax payable (assessed tax) before calculating interest under Sections 234A, B and C of the Income Tax Act, 1961. There is no provision under Section 115JAA which postpones the right of the assessee to claim set off to the determination of the total income by the A.O. in the first assessment year. Entitlement right to claim set off is different from the quantum quantification.
The brief facts which give rise to the aforesaid issue are that the Respondent imported Crude Palm Stearin through Kakinada Port and filed Bills of Entry declaring the goods as industrial grade Crude Palm Stearin falling under Ch. Sub Heading No. 15 11 90 90 of the Customs Tariff Act, 1975
In this case, a war widow was given a gas distribution agency. She was managing it with her two daughters. When she became old, she made it into a partnership. She held 51 per cent and another held the rest. The corporation cancelled the licence on t
The Industrial Disputes Act does not prescribe any time limit for referring a dispute to the labour court, the Supreme Court has stated in its judgment, Kuldeep Singh vs Instrument Design Development Centre. In this case, the employee was terminated
The Supreme Court (SC) stated last week that courts should not dismiss petitions of revenue authorities only on the ground of delay, without going into the merits of the case. In this case, the Commissioner of Income Tax appealed to the SC against th
The Supreme Court last week dismissed the appeal of Parle Bisleri Ltd challenging the ruling against it by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) in an excise dispute over its soft drink flavours and the use of their brand names. Apart from Parle Bisleri, two others involved were Parle Exports Ltd and Parle International Ltd. Parle Bisleri claimed excise benefits as a small scale industry in the 1990’s. The claim was rejected by the tribunal. It appealed to the Supreme Court, which stated that the tribunal was right in denying the benefit by clubbing the products of the three companies. The court said: “the three companies in question were intertwined in their operation and management… It would likely seem that the purported fragmentation of the manufacturing process was but a mere ploy to avail of the SSI exemption. Piercing the corporate veil, when the notions of beneficial ownership and interdependency come into the picture, are no longer disputed questions. On this count, therefore, we have no hesitation whatsoever in affirming the order of the tribunal,which was justified entirely through the precedent set by this court.”
