Category: Supreme Court

No contempt of Court for direction to do something impossible. The Supreme Court deplores High Court in holding appellant guilty and imposing sentence.

No contempt of Court for direction to do something impossible. The Supreme Court deplores High Court in holding appellant guilty and imposing sentence. ABCAUS Case Law Citation: 1019 (2016) (09) SC Brief Facts of the Case: In the instant case, the appellant was held guilty of contempt of Court by …

Excise duty refund for trade-turnover discounts not allowable unless duty passed on to the ultimate consumer – Supreme Court

Excise duty refund for trade-turnover discounts not allowable unless duty passed on to the ultimate consumer  else it would result in unjust enrichment – Supreme Court ABCAUS Case Law Citation: 1004 2016 (08) SC Important Judgments cited: Mafatlal Industries Ltd. and Others Vs. Union of India And Ors., (1997) …

Rent held Business Income not House Property income when the business of the company was to lease its property and to earn rent-Supreme Court

Rent held Business Income not House Property income  When the the assessee company had only one business and that is of leasing its property and earning rent therefrom,  the income so earned should be treated as its business income and not as income from house property-Supreme Court ABCAUS Case …

No requirement of certificate u/s 115VD under Tonnage Tax Scheme (TTS) for vessel on which slot charter operations are carried out – Supreme Court

There is no requirement of the certificate under Tonnage Tax Scheme u/s 115VD in relation to the vessel on which slot charter operations are carried out – Supreme Court ABCAUS Case Law Citation:967 2016 (07) SC Question before the Court:Is the income derived from ‘slot charter’ operations of …

Penalty us 271C-Contumacious conduct of assessee necessary to be established before penalty for failure to deduct tax (TDS) can be imposed-Supreme Court

Penalty us 271C-Contumacious conduct of assessee necessary to be established before penalty for failure to deduct tax at source (TDS) can be imposed-Supreme Court Case Details: Civil Appeal No. 1704 of 2008 Commr. of Income Tax Delhi (Appellant)  vs. Bank of Nova Scotia (Respondent) Date of Judgment: 07/01/2016 Coram: …

Compliance of natural justice in disciplinary inquiry necessary. There are no specific statutory rule requiring observance of natural justice-Supreme Court

Compliance of natural justice in disciplinary inquiry necessary-Supreme Court The Supreme Court in a recent judgment has dwelt upon the compliance of principles of natural justice in a disciplinary inquiry and summarised the emerging points on the subject. Case Details: Civil Appeal No. 2265 of 2011 Chamoli District Co-operative Bank Ltd. & …

Fit and proper status of over-aged bank director. RBI Nomination Committee rejection for over age and twice election remanded back by Supreme Court

Fit and proper status of over-aged bank director. RBI Nomination Committee rejection for over age and twice election remanded back by Supreme Court Case Details: Civil Appeal No. 4820 of 2016 UCO Bank (Appellant) vs. Saumyendra Roy Choudhury & Ors (Respondent) Date of Judgment: 05/05/2016 Coram: Justice Kurian Joseph and …