Category: Supreme Court

Misconduct by CA who surrendered COP-Supreme Court dismisses ICAI appeal. Practicing CA holding COP would be liable for punishment if misconduct is proved

Misconduct by CA who surrendered COP-Supreme Court dismisses ICAI appeal. Practicing CA holding COP would be liable for punishment if misconduct is proved

February 28, 2017 CA CS CMA, Judgments, Supreme Court
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-SC

Gratuitous passengers-Insurance claim pay and recover principle. Insurance Company first to pay award to victims then recover it from vehicle’s owner-SC

February 22, 2017 Judgments, Supreme Court
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

Permanent injunction decree against judgment debtors legal representatives is executable. Maxim actio personalis moritur cum persona not applicable-SC

February 21, 2017 Income Tax, Judgments, Supreme Court
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

Tenant eviction-Landlord to establish only reasonable requirement which should be a genuine need and not simple desire – Supreme Court

February 18, 2017 Judgments, Supreme Court
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 …
Supreme Court

Probative worth of Income Tax Proceedings qua lawfulness of the sources of income. SC judgment

February 14, 2017 Income Tax, Judgments, Supreme Court
Probative worth of Income Tax Proceedings qua lawfulness of the  sources of income. SC rejects IT orders/assessment as proof against charge of corruptions ABCAUS Case Law Citation:ABCAUS 1126 (2017) (02) SC Date/Month of Pronouncement: 14th February, 2017 Important Case Laws Cited/relied upon:Commissioner of Income Tax, U.P. Vs. Devi Prasad …
Showing trade discounts in tax Invoice not compulsory. Credit notes eligible under Rule 3(2)(c) of Karnataka Value Added Tax Rules 2005-SC

Showing trade discounts in tax Invoice not compulsory. Credit notes eligible under Rule 3(2)(c) of Karnataka Value Added Tax Rules 2005-SC

January 19, 2017 Judgments, Supreme Court, VAT
Showing trade discounts in tax Invoice not compulsory. Credit notes eligible under Rule 3(2)(c) of the Karnataka Value Added Tax Rules 2005-Supreme Court ABCAUS Case Law Citation: ABCAUS 1105 (2017) (01) SC Important Case Laws Cited: State of Karnataka vs. M/s Kitchen Appliances India Ltd. M/s Southern Motors …
SC to decide ITAT jurisdiction to examine validity of search and demand satisfaction note, other evidences on the basis of which search conducted

SC to decide ITAT jurisdiction to examine validity of search and demand satisfaction note, other evidences on the basis of which search conducted

January 5, 2017 Income Tax, Judgments, Supreme Court
ITAT jurisdiction to examine validity of search SC to decide ITAT jurisdiction to examine validity of search and demand satisfaction note, other evidences on the basis of which search was conducted. In an ongoing litigation in I.A. 2/2016 in Civil Appeal No(s).2734/2013 filed by the Revenue, the latest …
Payments to HUF held deemed dividend u/s 2(22)(e) despite the HUF itself was not the registered shareholder of the company-Supreme Court

Payments to HUF held deemed dividend u/s 2(22)(e) despite the HUF itself was not the registered shareholder of the company-Supreme Court

January 4, 2017 Income Tax, Judgments, Supreme Court
Payments to HUF held deemed dividend u/s 2(22)(e) because the prescribed conditions were fulfilled notwithstanding the fact that the HUF itself was not the registered shareholder of the company-Supreme Court ABCAUS Case Law Citation: ABCAUS 1095 (2017) (01) SC Assessment Year : 2006-07 Important Case Laws Cited: Binal Sevantilal …