Category: Supreme Court
No bar in law for a person dealing in land to also have investment in land. Assessee can hold same class of assets as investment and also as stock in trade. SC dismissed SLP of the Revenue ABCAUS Case Law Citation:ABCAUS 3222 (2020) (01) SC The Respondent …
Incidence of Central Sales Tax occurs where the goods are appropriated to the contract. Supreme Court dismissed SLP of VAT Department ABCAUS Case Law Citation:ABCAUS 3221 (2020) (01) SC Important case law relied upon by the parties:Larsen and Tourbo Limited Vs. State of Karnatka (2014) 1 SCC 708.Thyseenkrupp …
Revised Returns filed belatedly after amalgamation of companies was held to be valid by the Supreme Court in view of section 170(1) of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3199 (2019) (12) SC Important case law relied upon by the parties:Marshall Sons & Co. (India) Ltd. v. ITO (1997) 2 SCC 302Kailash …
In Motor Accident Claims income must be determined on the basis of the income tax return, where available. – Supreme Court held that the ITR is a statutory document on which reliance may be placed to determine the annual income of the deceased. ABCAUS Case Law Citation:ABCAUS 3193 …
Section 87 of Arbitration and Conciliation Act 1996 struck down by Supreme Court as constitutional invalid. The said section had provided for an automatic stay on arbitral award when challenged in court ABCAUS Case Law Citation:ABCAUS 3190 (2019) (11) SC Important case law relied upon by the parties:BCCI …
Appeal u/s 96(2) CPC is statutory right which defendant cannot be deprived merely on ground that application filed under Order IX Rule 13 CPC was dismissed ABCAUS Case Law Citation:ABCAUS 3189 (2019) (11) SC Important case law relied upon by the parties:Bhivchandra Shankar More v. Balu Gangaram More …
Supreme Court struck down Tribunal Rules formulated u/s 184 of the Finance Act, 2017 being contrary to the parent enactment and the Constitution ABCAUS Case Law Citation:ABCAUS 3188 (2019) (11) SC A Constitution Bench of the Hon’ble Supreme Court have struck down the Tribunal, Appellate Tribunal and other …
Notice can be served on Chartered Accountant as agent of assessee when CA holds Power of Attorney of the Company for the relevant AY – Supreme Court ABCAUS Case Law Citation:ABCAUS 3178 (2019) (10) SC Important case law relied upon by the parties:State of Rajasthan v. Basant Nehata 2005 (12) SCC 77 Notice …
Rejection of counter claim by Arbitrator for CENVAT invoices at threshold without enquiry on the ground that the Arbitrator had no jurisdiction was not proper Rejection of counter claim by arbitrator at threshold without enquiry ABCAUS Case Law Citation:ABCAUS 3177 (2019) (10) SC Important case law relied upon …
Mere mentioning changed address in return of income (ITR) without intimating AO new address and not getting PAN database changed is not enough – Supreme Court Mere mentioning changed address in ITR not enough ABCAUS Case Law Citation:ABCAUS 3175 (2019) (10) SC Important case law relied upon by …
