Category: Supreme Court

Mounting auto rickshaw body on chassis, amounts to new product coming into existence liable to purchase tax under U.P. Sales Tax Act. In a recent judgment, the Hon’ble Supreme Court held that upon mounting a fabricated auto rickshaw body on a three wheeler chassis, a new product comes …

High Court order upholding direction for Registration u/s 12A without applying determinative tests laid down by Apex Court set aside In a recent judgment, Hon’ble Supreme Court set aside the judgment of Allahabad High Court in granting registration u/s 12A without applying determinative tests laid down by Apex …

In the absence of satisfaction recorded in the assessment order regarding penalty proceedings under Section 271D, no penalty could be levied In a recent judgment, Hon’ble Supreme Court declined to interfere with Gujarat High Court judgment holding that in the absence of any satisfaction recorded regarding penalty proceedings …

Once registration u/s 12A of Income Tax Act is granted, the grant of registration under Section 80G of the Act cannot be refused In a recent judgment, Hon’ble Supreme Court declined to interfere with the view taken by Chhattisgarh High Court that when a institution stands registered as …

Non resident assessee need not have a permanent establishment in India to be said to carry on business in India In a recent judgment, Hon’ble Supreme Court has held that did not it is not necessary for a non resident assessee to have a permanent establishment in India …

ITC can not be denied to purchaser who had paid due taxes on invoice raised where the seller did not deposit the collected tax with the Government. In a recent judgment, Hon’ble Supreme Court has held that Input Tax Credit can not be denied to the registered purchaser …

Owner of vehicle not expected to verify driver’s licence to know if the licence is fake or not. Owner of vehicle not before employing a driver not expected to verify license produced by the driver to know if the licence is fake or not. ABCAUS Case Law Citation:4774 …

Writ petitions not to be entertained in cases of alleged fraudulent availment of ITC – Supreme Court dismissed SLP of the company In a recent case, the Hon’ble Supreme Court dismissed Special Leave Petition (SLP) of the company alleged of fraudulent availment of ITC against the judgment of …

SC applies “pay and recover” doctrine where driver of the offending vehicle was not holding a valid driving license on the date of the accident In a recent judgment, the Hon’ble Supreme Court in a motor accident claim upheld the doctrine of “pay and recover” where the driver …

No claim for compound interest could be made in an arbitral award where MoU between the parties did not stipulate compounding of interest. In a recent judgment, the Hon’ble Supreme Court has held that no claim for compound interest could be made in an arbitral award where MoU …