Category: Supreme Court
Limitation period for making application for initiation of CIRP is three years from date of default. IBC not a money recovery legislation for creditors – SC ABACUS Case Law CitationABCAUS 3365 (2020) (08) SC Important case law relied upon by the parties:B. K. Educational Services Pvt. Ltd. vs. …
Daughters have coparcenary rights from birth even if father not alive on commencement of Hindu Hindu Succession (Amendment) Act 2005 i.e. 9.9.2005 ABACUS Case Law CitationABCAUS 3361 (2020) (08) SC Important case law relied upon by the parties:Prakash & Ors. v. Phulavati & Ors., (2016) 2 SCC 36Danamma …
Deeming provision of section 68 not apply if no sum is received in terms of any money, i.e., in cash or cheque. credit worthiness not required to be examined in such case In the given case, the Income Tax Department had challenged the judgment of the Hon’ble High …
Memorandum of Family Settlement not required to be registered – Supreme Court. Read essentials ingredients of a Family Settlement ABACUS Case Law CitationABCAUS 3351 (2020) (07) SC Important case law relied upon by the parties:Kale & Ors. vs. Deputy Director of Consolidation & Ors (1976) 3 SCC 119 …
Liability of TDS u/s 194C(2) of Transporters for further payments to trucks owners/operators. Supreme Court explains the Law ABCAUS Case Law Citation:ABCAUS 3348 (2020) (07) SC Important case law relied upon by the parties:Commissioner of Income-Tax vs. Hardarshan Singh: (2013) 350 ITR 427J. K. Synthetics Limited vs. Commercial …
Proceeding against Company Director for FERA contravention. Necessary ingredients are similar to section 141 of Negotiable Instrument Act – SC ABCAUS Case Law Citation:ABCAUS 3343 (2020) (07) SC Important case law relied upon by the parties:S. M. S. Pharmaceuticals Ltd. Vs. Neeta Bhalla and another, (2005) 8 SCC …
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 …