Category: Supreme Court
Non compete fee paid under deed of covenant held not taxable. Revenue has no business to second guess commercial or business expediency – SC ABCAUS Case Law Citation:ABCAUS 3340 (2020) (07) SC Important case law relied upon by the parties:Guffic Chem (P) Ltd. v. CIT (2011) 4 SCC …
Project office used as auxiliary office for liaison not a PE unless core business is carried on therefrom – SC ABCAUS Case Law Citation:ABCAUS 3339 (2020) (07) SC Important case law relied upon by the parties:Commissioner of Income Tax and Another v. Hyundai Heavy Industries Co. Ltd., (2007) …
Question of right, title, interest is domain of civil court and cannot be decided by NCLT in proceedings u/s 241 and 242- Supreme Court ABCAUS Case Law Citation:ABCAUS 3327 (2020) (07) SC Important case law relied upon by the parties: Sangramsinh P. Gaekwad and Ors. v. Shantadevi P. …
Non-rejection of explanation in Assessment Order amounts to AO accepting it hence no reopening on change of opinion. SC upholds High Court judgment ABCAUS Case Law Citation:ABCAUS 3322 (2020) (06) SC In a recent judgment, the Hon’ble Supreme Court had dismissed the Special Leave Petition filed by the …
Disciplinary action directed against SGST Commissioner by High Court stayed by Supreme Court ABCAUS Case Law Citation:ABCAUS 3321 (2020) (06) SC Important case law relied upon by the parties:Dabur India Ltd. vs. State of Uttar Pradesh The Hon’ble Supreme Court In the instant case, the respondent was a …
Payment of wage for lockdown period – Supreme Court directs negotiation & settlement with workers/employees ABCAUS Case Law Citation:ABCAUS 3320 (2020) (06) SC Payment of wage for lockdown period In the instant case, several writ petitions had been filed by different employers, employers’ associations questioning the orders issued …
Deduction u/s 80-O was rightly denied as assesse worked only as an agent of foreign enterprises – Supreme Court ABCAUS Case Law Citation:ABCAUS 3317 (2020) (06) SC Important case law relied upon by the parties:E.P.W. Da Costa and Ors. v.Union of India: (1980) 121 ITR 751 (Delhi)Capt. K. …
Period of limitation under Rule 68B for sale of attached immovable property-Supreme Court admits SLP due to contrary view of High Courts ABCAUS Case Law Citation:ABCAUS 3316 (2020) (06) SC Important case law relied upon by the parties:M.U. Joshi Vs. Tax Recovery Officer & Ors.Noorudin Vs. Tax Recovery …
Secondary evidence allowed when prima facie evidence of existence of Will established by cross examination of witness who was signatory /subscriber ABCAUS Case Law Citation:ABCAUS 3309 (2020) (05) SC Important case law relied upon by the parties:Ashok Dulichand Vs. Madahavlal Dube and AnrRakesh Mohindra vs. Anita Beri and …
Non filing appeal within statutory limitation period not a case of violation of fundamental right, much less statutory or legal right -SC ABCAUS Case Law Citation:ABCAUS 3306 (2020) (05) SC Important case law relied upon by the parties:Electronics Corporation of India Ltd. vs. Union of India & OrsOil …