Category: Supreme Court
Let justice be done though the heavens fall-Supreme Court explains the ambit of Article 142 of the Constitution viz-a-viz powers of the Apex Court ABCAUS Case law Citation: 1218 (2017)(04) SC Important Case Law Cited/referred A.R. Antulay v. R.S. Nayak & Another, (1988) 2 SCC 602, Supreme Court …
Slump Sale of entire running business was LTCG us 48(2). Sale in one go with assets and liabilities cannot be considered as STCG for Taxation-Supreme Court ABCAUS Case Law Citation: ABCAUS 1216 (2017) (04) SC The Grievance: The appellant Commission of Income Tax (CIT) was aggrieved by the …
Supreme Court order for Sahara Aamby Valley auction. Subrata Roy warned to be present not to play truancy and honour affidavit or face wrath of Law S.E.B.I. Petitioner(s) VERSUS SAHARA INDIA REAL ESTATE CORPN.LTD.&ORS. (Respondent) CORAM : HON’BLE MR. JUSTICE DIPAK MISRA HON’BLE MR. JUSTICE RANJAN GOGOI HON’BLE …
Reopening for cash deposits for non response to notice u/s 133(6) is illegal where assessment was completed u/s 143(3)/147 and 4 years have lapsed. Soon after the demonetization, the Income Tax Department (‘Department’) had launched a scheme called “operation Clean money” for online verification of cash deposits in …
BCI can not remand disciplinary proceedings transferred to it u/s 36B(1) of the Advocates Act, 1961 from the State Bar Council – Supreme Court ABCAUS Case Law Citation: ABCAUS 1202 (2017) (04) SC The Ground of Appeal: The appellant advocate contended that the time consumed in disposal …
Share premium not part of capital employed in the business of the company for claim of deduction u/s 35D as it is not specifically said so in Explanation -Supreme Court ABCAUS Case Law Citation: ABCAUS 1189 (2017) (03) SC The Question of Law: Whether “premium” collected by the …
EPS 1995-Benefit of actual salary exceeding wage limit as per Supreme Court Judgment. Member cannot be debarred from exercising higher wages to pension fund EMPLOYEES’ PROVDENT FUND ORGANISATION Ministry or Labour & Employment, Govt. of India No: Pension-I/12/33/EPS Amendment/96/Vol.II/34007 …
Disciplinary enquiry vitiated for not allowing cross-examination of witnesses. Conclusion based on unknown vernacular language could not have been arrived – SC ABCAUS Case Law Citation: ABCAUS 1182 (2017) (03) SC Brief Facts of the Case: The respondent of this appeal had filed a complaint before the Bar …
Trust can not file complaint under the Consumer Protection Act 1986. Supreme Court express its agreement with the National Commission. ABCAUS Case Law Citation: ABCAUS 1161 (2017) (03) SC Question for determination: whether a complaint can be filed by a Trust under the provisions of the Consumer Protection …
Misconduct by CA who surrendered COP-Supreme Court dismisses ICAI appeal. Practicing CA holding COP would be liable for punishment if misconduct is proved. ABCAUS Case Law Citation: ABCAUS 1147 (2017) (02) SC Brief Facts of the Case: The Hon’ble Madhya Pradesh High Court in 2007 had held that …