Category: Supreme Court
Supreme Court issues directions for speedy trial of offences for dishonour of cheques u/s 138 of Negotiable Instrument Act 1881 ABCAUS Case Law CitationABCAUS 3486 (2021) (04) SC Important case law relied referred:Vijay Dhanuka & Ors. v. Najima Mamtaj & OrsMeters and Instruments Private Limited and Another v. …
Entry in balance sheet of a corporate debtor may amount to an acknowledgement of liability u/s 18 of the Limitation Act if such entry is not with any caveat ABCAUS Case Law CitationABCAUS 3485 (2021) (04) SC Important case law relied referred:V. Padmakumar vs. Stressed Assets Stabilisation FundSesh …
The Central/State Government/local authority bound by the resolution plan once approved by Adjudicating Authority (i.e. NCLT) retrospectively. ABCAUS Case Law CitationABCAUS 3484 (2021) (04) SC Important case law relied referred:K. P. Varghese vs. Income Tax Officer, Ernakulam and Another (1981) 4 SCC 173B. K. Educational Services Private Limited …
No automatic vacation of stay granted by ITAT beyond 365 days when delay in disposing appeal not attributable to assessee. Supreme Court upheld struck down of third proviso of Section 254(2A) as constitutionally invalid ABCAUS Case Law CitationABCAUS 3480 (2021) (04) SC Important case law relied referred:Income Tax …
No interest on interest/compound interest/penal interest for moratorium period from any borrowers irrespective of sanctioned loan limit – Supreme Court ABCAUS Case Law CitationABCAUS 3475 (2021) (03) SC Important case law relied referred:Union Carbide Corporation Limited v. Union of India, (1991)4 SCC 584;M. Nagaraj vs. Union of India …
Person ineligible u/s 29A of IBC 2016 to submit a resolution plan, also barred from proposing a scheme of compromise and arrangement u/s 230 of the Companies Act 2013 ABCAUS Case Law CitationABCAUS 3473 (2021) (03) SC Important case law relied referred:Swiss Ribbons Private Limited vs. Union of …
Extension of limitation period due to covid-19 ended by Supreme Court. Period from 15.03.2020 till 14.03.2021 to be excluded. ABCAUS Case Law CitationABCAUS 3467 (2021) (03) SC Due to COVID-19 pandemic, the Hon’ble Supreme Court had taken suo motu cognizance of the difficulties faced by the litigants in …
Relays manufactured for use only as Railway signaling was classifiable under heading 8536 following equipment predominant use or sole/principal use test – SC ABCAUS Case Law CitationABCAUS 3466 (2021) (03) SC Important case law relied referred:Central Excise vs. Simplex Mills Co. Ltd (2005) 3 SCC 51A. Nagaraju Bros …
Payment to non-resident for consideration for resale/use of computer software through EULAs/distribution agreements not liable to TDS u/s 195 ABCAUS Case Law CitationABCAUS 3464 (2021) (03) SC Important case law relied referred:CIT vs. Samsung Electronics Co. Ltd. (2012) 345 ITR 494Transmission Corpn. of A.P. Ltd. v. CIT …
IBC is special statute, must prevail over Companies Act 2013. Section 7 IBC Petition maintainable post admission of winding up Petition – SC ABCAUS Case Law CitationABCAUS 3461 (2021) (03) SC Important case law relied referred:Action Ispat and Power Pvt. Ltd. vs Shyam Metalics and Energy Ltd. 2020 …
