Category: Supreme Court
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 …
Gratuitous passengers-Insurance claim pay and recover principle. Insurance Company first to pay award to victims then recover it from vehicle’s owner-Supreme Court ABCAUS Case Law Citation: ABCAUS 1136 (2017) (02) SC Question for determination: Whether the appellants were entitled for an order against the Insurer of the offending …
Permanent injunction decree against judgment debtors legal representatives is executable. Maxim actio personalis moritur cum persona not applicable-SC ABCAUS Case Law Citation: ABCAUS 1135 (2017) (02) SC Question involved: The question involved in the matter was executability of decree for permanent injunction against the legal representatives of judgment-debtor …
Tenant eviction-Landlord to establish only reasonable requirement which should be a genuine need and not simple desire – Supreme Court The eviction of the tenant from the rented house/shop (property) has always given rise to controversies. One of the common clause in almost all the Rent Control Acts …
