Category: Supreme Court

Levy of GST on lotteries not ultra vires to the Constitution, prize money not to be abated for determining value of taxable supply– Supreme Court ABCAUS Case Law CitationABCAUS 3427 (2020) (12) Important case law relied upon by the parties:Sunrise Associates Vs. Govt. of NCT of Delhi and …

Non striking of applicable limb of penalty clause u/s 271(1)(c) in notice-Supreme Court dismisses SLP of the Income Tax Department ABCAUS Case Law CitationABCAUS 3426 (2020) (11) Important case law relied upon by the parties:Commissioner of Income Tax v/s Shri Samson PerincheryPrincipal Commissioner of Income Tax v/s New …

CENVAT credit of service tax paid on transport of goods from place of removal to the buyer’s premises – Supreme Court admits SLP ABCAUS Case Law CitationABCAUS 3421 (2020) (11) Important case law relied upon by the parties:CCE vs Ispat Industries Ltd 2015 (324) ELT 670 (SC)CCE vs …

Registration of Project under RERA no bar to initiate proceedings under Consumer Protection Act. Its choice or discretion of the allottees ABCAUS Case Law CitationABCAUS 3418 (2020) (11) SC Important case law relied upon by the parties:Malay Kumar Ganguli vs. Dr. Sukumar MukherjeeSecretary, Thirumurugan Cooperative Agricultural Credit Society …

Supreme Court to decide constitutional validity of provisions of IBC 2016 to the extent they apply to personal guarantors of corporate debtors ABCAUS Case Law CitationABCAUS 3416 (2020) (10) SC The Ministry of Corporate Affirs (MCA) by Notification   dated 15.11.2019 had brought personal guarantors to corporate debtors under …

Rent of shops let out in shopping Mall if business income or income from house property – SC dismissed Revenue’s SLP ABCAUS Case Law CitationABCAUS 3407 (2020) (10) SC Important case law relied upon by the parties:Raj Dadarkar & Associates v. Assistant Commissioner of Income-taxPrincipal Commissioner of Income …

Suit for specific performance for sale of immovable property filed within limitation cannot be dismissed on sole ground of delay or laches unless time being of the essence, and sale could not be made due to fault of the purchaser – SC ABCAUS Case Law CitationABCAUS 3405 (2020) …

Govt. constitutes Expert Committee on issue of waiver of interest & waiver of interest on interest & other related issues related to bank loans in view of the Covid-19 pandemic.  Today the Government taking cognizance of the proceedings in ongoing hearing in Supreme Court of India in the …

Gas regulating measuring equipment installed at customers site fulfills the description in Section 65(105)(zzzzj) of a taxable service – SC ABACUS Case Law CitationABCAUS 3376 (2020) (08) SC Important case law relied upon by the parties:Indian National Shipowners’ Association and Anr.  v.  Union of India and others The …

Payment received for shares, duly issued cannot be a debt under Insolvency and Bankruptcy Code. Personal loan to Promoter/Director cannot trigger CRIP -SC  ABACUS Case Law CitationABCAUS 3375 (2020) (08) SC Important case law relied upon by the parties:Innoventive Industries Ltd. v. ICICI Bank and Anr.B. K. Educational …