Category: Supreme Court
NCLAT or NCLT cannot sit in an appeal over the commercial wisdom of Committee of Creditors – Supreme Court ABCAUS Case Law Citation ABCAUS 3601 (2022) (06) SC Important case law relied referred:Arun Kumar Jagatramkav. Jindal Steel and Power Limited and AnotherK. Sashidhar v. Indian Overseas Bank and …
Notice u/s 148 – at this stage what is required is a reason to believe and not to establish fact of escapement of income – Supreme Court upholds High Courts order ABCAUS Case Law CitationABCAUS 3600 (2022) (06) SC Important case law relied referred:Alliance Filaments Ltd. v. The …
Supreme Court directs pilot study on employing retired judicial officers to operationalise Special Courts for expeditious trial of cases u/s 138 of Negotiable Instrument Act 1881 The Constitution Bench of the Hon’ble Supreme Court with reference to expeditious trial of cases under Section 138 of Negotiable Instrument Act …
Since part amount of the auctioned property was received by bank after start of CIRP, and order of moratorium, the sale could not be said to have completed – SC ABCAUS Case Law Citation ABCAUS 3592 (2022) (05) SC Important case law relied referred:Vidhyadhar vs. Manikrao and Another …
Supreme Court explains law of conviction u/s 138 of NI Act on authorised signatories of firm/companies. civil liability vs Vicarious liability ABCAUS Case Law Citation ABCAUS 3589 (2022) (05) SC Important case law relied referred:Monaben Ketanbhai Shah and Another vs. State of Gujaratand Others (2004) 7 SCC 15Aneeta …
Krishi Upaj Mandi Samiti liable to service tax on renting of immovable property prior to Negative List Regime. These activities are not their mandatory/statutory duty – SC ABCAUS Case Law Citation ABCAUS 3585 (2022) (02) SC In the instant case a Civil Appeal was filed by the Krishi …
Supreme Court uphold quashing of reassessment notice issued beyond four years without failure of assessee to disclose fully & truly all material facts In a recent order, the Hon’ble Supreme Court has upheld the order of the High Court in quashing the reassessment notice issued beyond the period …
Regime of service tax can not be invoked if assessee had regularly paid amount of VAT liability towards the same transaction ABCAUS Case Law CitationABCAUS 3568 (2022) (01) SC The assessee was engaged in conversion of analog cinema content into digital format. The movies were exhibited in theaters …
Supreme Court excludes period from 15.03.2020 till 28.02.2022 for limitation purpose In March, 2020, the Hon’ble Supreme Court had taken Suo Motu cognizance of the difficulties that might be faced by the litigants in filing petitions/applications/ suits/ appeals/ all other quasi proceedings within the period of limitation …
Prosecution for late deposit of TDS after 11 months. Once there was a non-deposit, necessary consequences shall follow including prosecution- Supreme Court ABCAUS Case Law CitationABCAUS 3564 (2021) (12) SC In the instant case, the assessee had wiled a Writ Petition to challenge the sanction letter for prosecution …
