Category: Supreme Court
Non striking of applicable limb of penalty u/s 271(1)(c) in notice. ITAT permits restoration of appeal if issue is decided by Supreme Court in favour of Revenue ABCAUS Case Law Citation:ABCAUS 3269 (2020) (02) ITAT In a recent judgment, Tribunal had dealt with a challenge to the validity …
Godown used for storage of explosives qualifies for exemption u/s 54G being a place used for purpose of business of Industrial Undertaking ABCAUS Case Law Citation:ABCAUS 3258 (2020) (02) SC The Hon’ble Supreme Court had dismissed the SLP of the ITD against the judgment of the High Court …
No penal action on filing of belated GSTR-9/GSTR-9C returns-SC declines to interfere Rajasthan High Court Judgment In a recent judgment, Hon’ble the Rajasthan High Court had directed the GST authorities to accept the filing of GSTR-9 and GSTR-9C from the Petitioner namely Tax Bar Association till February 12th …
Unutilised MODVAT credit of Excise Duty not allowable u/s 43B. Paying cost of raw materials does not mean that assessee is liable to pay Excise Duty on such raw material/inputs ABCAUS Case Law Citation:ABCAUS 3247 (2020) (02) SC Important case law relied upon by the parties:Eicher Motors Ltd. and another versus Union of India and …
No bar in law for a person dealing in land to also have investment in land. Assessee can hold same class of assets as investment and also as stock in trade. SC dismissed SLP of the Revenue ABCAUS Case Law Citation:ABCAUS 3222 (2020) (01) SC The Respondent …
Incidence of Central Sales Tax occurs where the goods are appropriated to the contract. Supreme Court dismissed SLP of VAT Department ABCAUS Case Law Citation:ABCAUS 3221 (2020) (01) SC Important case law relied upon by the parties:Larsen and Tourbo Limited Vs. State of Karnatka (2014) 1 SCC 708.Thyseenkrupp …
Revised Returns filed belatedly after amalgamation of companies was held to be valid by the Supreme Court in view of section 170(1) of the Income Tax Act ABCAUS Case Law Citation:ABCAUS 3199 (2019) (12) SC Important case law relied upon by the parties:Marshall Sons & Co. (India) Ltd. v. ITO (1997) 2 SCC 302Kailash …
In Motor Accident Claims income must be determined on the basis of the income tax return, where available. – Supreme Court held that the ITR is a statutory document on which reliance may be placed to determine the annual income of the deceased. ABCAUS Case Law Citation:ABCAUS 3193 …
Section 87 of Arbitration and Conciliation Act 1996 struck down by Supreme Court as constitutional invalid. The said section had provided for an automatic stay on arbitral award when challenged in court ABCAUS Case Law Citation:ABCAUS 3190 (2019) (11) SC Important case law relied upon by the parties:BCCI …
Appeal u/s 96(2) CPC is statutory right which defendant cannot be deprived merely on ground that application filed under Order IX Rule 13 CPC was dismissed ABCAUS Case Law Citation:ABCAUS 3189 (2019) (11) SC Important case law relied upon by the parties:Bhivchandra Shankar More v. Balu Gangaram More …
