Category: Supreme Court

Capital gain on sale of unlisted equity shares transferred pursuant to an arrangement impermissible under law, not entitled to exemption under DTAA – SC In a recent judgment, Hon’ble Supreme Court has held that capital gain on sale of unlisted equity shares which were transferred pursuant to an …

Supreme Court issues directions to Committee of Creditors for safeguard interests of homebuyers in Insolvency proceedings In a recent judgment, Supreme Court has issued directions to Committee of Creditors for safeguard interests of homebuyers in Insolvency proceedings against the Builder/Real Estate developer Corporate Debtor ABCAUS Case Law Citation:4994 …

Condoning delay in filing audit report in Form 10B as CA of the assessee was not aware of newly introduced online filing – SLP of Revenue dismissed In a recent judgment, Hon’ble Supreme Court dismissed SLP of the Revenue against the judgment of the Bombay High Court in …

Burden of proof is on assessee to adduce cogent evidence that land sold was an agricultural land – Supreme Court dismisses SLP. In a recent judgment, Hon’ble Supreme Court dismissed SLP of the assessee against the judgment of Hon’ble Kerala High Court holding the land sold by the …

Mushroom growing apparatus cannot be classified as ‘agricultural machinery’ under Customs Tariff Heading 8436. In a recent judgment, Hon’ble Supreme Court has held that mushroom growing apparatus cannot be classified as ‘agricultural machinery’ under Chapter Heading 8436 under Customs Tariff. ABCAUS Case Law Citation:4977 (2026) (01) abcaus.in SC …

Statutory presumption attached to issuance of a cheque, being one made in discharge of a legally enforceable debt or liability, is required to be accorded due weight. In a recent judgment, Hon’ble Supreme Court held that the statutory presumption attached to the issuance of a cheque, being one …

Merely because the authority conducting auction expects higher bid than the highest bidder is no reason to discard the highest bid. In a recent judgment, Hon’ble Supreme Court has held that merely because the authority conducting the auction expected a higher bid than what the highest bidder had …

Provisions of the Limitation Act, 1963 not apply to quasi-judicial bodies or tribunals, unless they are specifically empowered in that regard – Supreme Court  In a recent judgment, Hon’ble Supreme Court has held that provisions of the Limitation Act, 1963 apply only to suits, applications or appeals made …

Supreme Court condoned delay of 972 days in filing appeal due to restructuring in Income Tax Department In a recent judgment, Hon’ble Supreme Court has quashed order of the Calcutta High Court dismissing the application of Income Tax Department for condonation of delay of 972 days in filing …

Payment made by the assessee as non-compete fee was an allowable revenue expenditure under Section 37(1) of the Act –Supreme Court In a recent judgment, Hon’ble Supreme Court has held that non-compete fee payment made to essentially keep a potential competitor out of the same business cannot be …