Category: Supreme Court
Presiding Officers of DRT entitled to benefit of increased age under section 6 of the Recovery of Debts and Bankruptcy Act, 1993 – Supreme Court  ABCAUS Case Law Citation: ABCAUS 2507 (2018) 09 SC Petitioners in the instant petitions were appointed as Presiding Officers of Debt Recovery Tribunal …
Shocked Supreme Court fines Commissioner Income Tax with fine of Rs 10 lakhs for misleading statement about pendency of a civil appeal ABCAUS Case Law Citation: ABCAUS 2495 (2018) 08 SC The instant Special Leave Petition (SLP) was filed by the Commissioner of Income Tax, Ghaziabad after a …
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 In a recent order, the Supreme Court has stayed the applicability of ESI to construction site workers/labour which was made applicable from 01.08.2015 ABCAUS Case Law Citation:2423 (2018) 07 abcaus.in SC The Employees State Insurance Corporation had issued …
