Category: Supreme Court
In application for setting aside arbitral award, cross examination / Trial of persons swearing to affidavits should not be allowed unless absolutely necessary – Supreme Court ABCAUS Case Law Citation: ABCAUS 2479 (2018) 08 SC Important Case Laws Cited/relied upon: Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations …
Moratorium u/s 14 of the Insolvency and Bankruptcy Code, 2016 not apply to a personal guarantor of a corporate debtor – Supreme Court ABCAUS Case Law Citation: ABCAUS 2467 (2018) 08 SC The instant appeal involved the question whether Section 14 of the Insolvency and Bankruptcy Code, 2016 …
Forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-Sections (5) and (6) of Section 4 of The Payment of Gratuity Act, 1972. The Act must prevail over the Rules framed by the employer – Supreme Court ABCAUS Case Law Citation: ABCAUS 2467 …
Jaypee Infratech Insolvency proceedings to continue at NCLT-We cannot be unmindful of interests of 92% of home buyers who preferred possession of homes-SC ABCAUS Case Law Citation: ABCAUS 2460 (2018) 08 SC The instant writ had been filed under Article 32 of the Constitution for protecting the interests …
TDS 194C not applicable on payment by contractee to contractor of license fee. Supreme Court dismisses SLP of the Income Tax Department ABCAUS Case Law Citation: ABCAUS 2444 (2018) 07 SC The respondent assessee was granted a contract by IRCTC for providing catering service for which the assessee …
Exemption notification should be interpreted strictly. Burden of proving applicability is on assessee who can not claim benefit of ambiguity-Supreme Court ABCAUS Case Law Citation:ABCAUS 2443 (2018) 07 SC This Constitution Bench was setup to examine the correctness of the ratio in Sun Export Corporation (Sun Export Case). …
Merely by admission of appeal against ITAT order, Revenue can not get over it. Supreme Court upholds High Court’s order and dismisses SLP of the Department ABCAUS Case Law Citation: ABCAUS 2436 (2018) 07 SC The assessee was a charitable trust registered u/s 12A of the Income Tax Act, 1961 (the Act). During the course of assessment …
Supreme Court stays applicability of ESI to construction site workers/labour ABCAUS Case Law Citation:ABCAUS 2423 (2018) 07 SC The Employees State Insurance Corporation had issued a Circular bearing No. P.12/11/11/60/20110-REV.II dated 31/07/2015 extending the benefit of ESI Scheme to the construction site workers, deployed in the implemented area …
Deduction u/s 80IA claimed in return filed after issue of notice u/s 153A allowable. Supreme Court dismisses SLP of ITD. Company was held developer not contractor ABCAUS Case Law Citation: ABCAUS 2415 (2018) 07 SC In 2016 the Income Tax Department (Revenue) had filed an appeal before the …
Non Satisfaction of AO to suo moto disallowance by assessee u/s 14A has to be an objective satisfaction with notice and opportunity to assessee-Supreme Court dismisses Revenue’s SLP ABCAUS Case Law Citation: ABCAUS 2404 (2018) 07 SC The assessee was a limited company. In its Return of Income for the relevant Assessment Year it had on its …
