Category: Supreme Court
In the absence of satisfaction recorded in the assessment order regarding penalty proceedings under Section 271D, no penalty could be levied In a recent judgment, Hon’ble Supreme Court declined to interfere with Gujarat High Court judgment holding that in the absence of any satisfaction recorded regarding penalty proceedings …
Once registration u/s 12A of Income Tax Act is granted, the grant of registration under Section 80G of the Act cannot be refused In a recent judgment, Hon’ble Supreme Court declined to interfere with the view taken by Chhattisgarh High Court that when a institution stands registered as …
Non resident assessee need not have a permanent establishment in India to be said to carry on business in India In a recent judgment, Hon’ble Supreme Court has held that did not it is not necessary for a non resident assessee to have a permanent establishment in India …
ITC can not be denied to purchaser who had paid due taxes on invoice raised where the seller did not deposit the collected tax with the Government. In a recent judgment, Hon’ble Supreme Court has held that Input Tax Credit can not be denied to the registered purchaser …
Owner of vehicle not expected to verify driver’s licence to know if the licence is fake or not. Owner of vehicle not before employing a driver not expected to verify license produced by the driver to know if the licence is fake or not. ABCAUS Case Law Citation:4774 …
Writ petitions not to be entertained in cases of alleged fraudulent availment of ITC – Supreme Court dismissed SLP of the company In a recent case, the Hon’ble Supreme Court dismissed Special Leave Petition (SLP) of the company alleged of fraudulent availment of ITC against the judgment of …
SC applies “pay and recover” doctrine where driver of the offending vehicle was not holding a valid driving license on the date of the accident In a recent judgment, the Hon’ble Supreme Court in a motor accident claim upheld the doctrine of “pay and recover” where the driver …
No claim for compound interest could be made in an arbitral award where MoU between the parties did not stipulate compounding of interest. In a recent judgment, the Hon’ble Supreme Court has held that no claim for compound interest could be made in an arbitral award where MoU …
Placing Genset in steel container & fitting it with additional integral parts amounted to manufacture In a recent judgment, Hon’ble Supreme Court has held that process of placing Genset within steel container and fitting container with additional, integral components brings into existence a new, distinct, and marketable commodity. …
ITAT erred in recalling its original judgment deleting disallowance u/s 36(1)(va) for late deposit of PF based on Supreme Court judgment in Checkmate services which was delivered after the date of ITAT decision. In a recent judgment, Hon’ble Supreme Court has dismissed Special Leave Petition against the decision …