Category: Supreme Court
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 …
Retrospective applicability of Black Money Act-Supreme Court quashed High Court order that Govt. made the Act retrospectively applicable from 01.07.2015 ABCAUS Case Law Citation:ABCAUS 3172 (2019) (10) SC In the instant case, the Union of India had challenged the interim order passed by the Division Bench of the Delhi …
CJM equally competent to process application of secured creditor to take possession of secured asset u/s 14 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act (SRFAESIA) 2002 – Supreme Court ABCAUS Case Law Citation:ABCAUS 3154 (2019) (09) SC Important case law relied …
Doctrine of promissory estoppel inapplicable in larger public interest. Supreme Court upheld withdrawal of custom exemption notifications ABCAUS Case Law Citation:ABCAUS 3151 (2019) (09) SC Important case law relied upon by the parties:Kasinka Trading vs. Union of IndiaDarshan Oils (P) Ltd. vs. Union of IndiaSTO vs. Shree Durga …
When appeal from order of CESTAT lie before Supreme Court or to the High Court u/s 130E or 130 of Custom Act. Supreme Court explains the law ABCAUS Case Law Citation:ABCAUS 3138 (2019) (09) SC Important case law relied upon by the parties:Navin Chemicals Manufacturing & Trading Company …
Section 292BB does not save complete absence of notice. Section seeks to cure only infirmities in service of notice – Supreme Court ABCAUS Case Law Citation:ABCAUS 3120 (2019) (08) SC Important case law relied upon by the parties:ACIT v. Hotel Blue Moon’ (2010) 321 ITR 362 The instant …
