Supreme Court

  • bankruptcy

Tribunal cannot sit in appeal on commercial wisdom of CoC and annul approved resolution plan. SC dismissed SLP

Appellate Tribunal cannot sit in appeal on commercial wisdom of the ‘Committee of Creditors’ and to annul the resolution plan.…

3 years ago
  • Income Tax

Consideration received on Family Settlement chargeable to capital gain tax in absence of preexisting right in property

Consideration received on Family Settlement chargeable to capital gain tax in absence of 'preexisting right' in property. SLP dismissed by…

3 years ago
  • negotiable instrument act

Supreme Court issues directions for speedy trial of offences for dishonour of cheques u/s 138 of Negotiable Instrument Act 1881

Supreme Court issues directions for speedy trial of offences for dishonour of cheques u/s 138 of Negotiable Instrument Act 1881…

3 years ago
  • bankruptcy

Entry in balance sheet may amount to acknowledgement of liability u/s 18 of Limitation Act if entry not with any caveat

Entry in balance sheet of a corporate debtor may amount to an acknowledgement of liability u/s 18 of the Limitation…

3 years ago
  • bankruptcy

Central/State Government/local authority bound by approved resolution plan retrospectively

The Central/State Government/local authority bound by the resolution plan once approved by Adjudicating Authority (i.e. NCLT) retrospectively. ABCAUS Case Law…

3 years ago
  • Income Tax

No automatic vacation of ITAT stay beyond 365 days when delay not attributable to assessee. SC upheld struck down of third proviso of Section 254(2A)

No automatic vacation of stay granted by ITAT beyond 365 days when delay in disposing appeal not attributable to assessee.…

3 years ago
  • Covid19

No interest on interest/compound/penal interest for moratorium period irrespective of sanctioned loan limit -SC

No interest on interest/compound interest/penal interest for moratorium period from any borrowers irrespective of sanctioned loan limit – Supreme Court…

3 years ago
  • bankruptcy

Person ineligible u/s 29A of IBC to submit resolution plan, barred from proposing scheme of compromise & arrangement

Person ineligible u/s 29A of IBC 2016 to submit a resolution plan, also barred from proposing a scheme of compromise…

3 years ago
  • Limitation

Extension of limitation period due to covid-19 ended by Supreme Court

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…

3 years ago
  • Excise/Custom

Relays manufactured for use only as Railway signaling was classifiable under heading 8536 – SC

Relays manufactured for use only as Railway signaling was classifiable under heading 8536 following equipment predominant use or sole/principal use…

3 years ago