Category: Supreme Court
Supreme Court explains scope and interpretation of Section 44BB of the Income Tax Act 1961. Provisions of Sections 5 and 9 not excluded where Section 44BB is opted ABCAUS Case Law Citation: ABCAUS 2109 (2017) (11) SC Brief Facts of the Case: For computation of profits and gains …
Mere outsourcing business to Indian subsidiary do not constitute Permanent Establishment within the meaning of Double Taxation Avoidance Agreement – Supreme Court ABCAUS Case Law Citation: ABCAUS 2105 (2017) (10) SC The Hon’ble Supreme Court of India in a recent judgment has laid down that outsourcing of services by …
Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders. The fiction not to be extended further for broadening the concept of shareholders – Supreme Court agrees with High Court ABCAUS Case Law Citation: ABCAUS 2099 (2017) (10) SC Deemed Dividend u/s 2(22)(e) do not extend to non-shareholders In …
Supreme Court explains the concept of income tax on Joint development agreement and applicability u/s 2(47) and section 45 and 48 where the JDA was not registered and was abandoned In an important judgment, Supreme Court has explained the concept of income tax on Joint development agreement and …
Proceeding u/s 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 are deemed judicial proceeding within the meaning of Sections 193 and 228 IPC -Supreme Court ABCAUS Case Law Citation: ABCAUS 2083 (2017) (09) SC The Substantial Question of Law framed/urged for determination: Whether complaint …
Front running prohibited practice under SEBI Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market Regulations 2003-Supreme Court ABCAUS Case Law Citation: ABCAUS 2079 (2017) (09) SC The Substantial Question of Law framed/urged for determination: Whether ‘front running by non-intermediary’ is a prohibited practice under regulations …
Exercise of sales tax revisional power after repeal of Act unsustainable-SC. If new Act manifests different intention General Clauses Act stands excluded. ABCAUS Case Law Citation: ABCAUS 2073 (2017) (09) SC The Substantial Question of Law framed/urged for determination: A common question of law in the present …
Acting beyond authority constitutes a misconduct. Dereliction in discharge of duties whether by negligence or deliberate intention or with casualness constitutes misconduct on the part of such employee/officer. ABCAUS Case Law Citation: ABCAUS 2068 (2017) (09) SC The Substantial Question of Law framed/urged for determination: Whether the charges …
Every Hindu family is legally presumed to be joint in food worship and estate as per settled principle of Hindu law – Supreme Court ABCAUS Case Law Citation: ABCAUS 2062 (2017) (09) SC The Issue: The sole dispute was between the members of one Hindu family, i.e., uncle, …
Right to privacy is fundamental right-Supreme Court Constitution Bench judgment.Right to privacy protected as an intrinsic part of the right to life and personal liberty under Article 21 Right to privacy is fundamental right-Supreme Court The nine judges Constitution Bench has unanimously held that the right to privacy is …
