Category: Supreme Court

Minimum turnover clauses in Tenders can not defeat the Public Procurement Policy for Micro and Small Enterprises (MSEs) Order 2012 – SC In a recent judgment, Hon’ble Supreme Court has held that minimum turnover clauses in Tenders can not defeat the Public Procurement Policy for Micro and Small …

High Court incorrectly exercised writ jurisdiction to preclude statutory mechanism and procedure under IBC from taking its course –Supreme Court In a recent judgment, the Hon’ble Supreme Court set aside the order of the High Court and held that it incorrectly exercised writ jurisdiction as it precluded the …

If defects u/s 139(9) removed, date of filing of original return has to be considered for the purpose of computing the period of limitation for issue of notice u/s 143(2) In a recent judgment, the Hon’ble Supreme Court dismissed the Special Leave Petition (SLP) of the Income Tax …

Penalty u/s 271AAA(1) not leviable on undisclosed income offered during assessment proceedings and not during search – Supreme Court.  In a recent judgment, the Hon’ble Supreme Court held that penalty u/s 271AAA(1) was not leviable when assessee offered undisclosed income during the course of assessment proceedings only and …

No service tax leviable on transactions between purchaser of lottery tickets and Government of Sikkim – Supreme Court   In a recent judgment, Hon’ble Supreme Court has held that there being no agency and no service rendered by the sellers/distributors as an agent to the Government of Sikkim, …

CCIT order rejecting application for compounding of offence u/s 276CCC quashed by Supreme Court being covered by the expression “first offence”. In a recent judgment, the Hon’ble Supreme Court quashed the order of the CCIT in rejecting the application for compounding of offence u/s 276CCC for belated filing …

Opinion rendered by audit party alone can not be considered as belief of escapement of income which must be made directly and solely by the Income Tax Officer. In a recent judgment, the Hon’ble Supreme Court dismissed SLP of the Revenue against the judgment of the Bombay High …

Incriminating material has to be identified with respect to each Assessment Year before proceeding u/s 153C – Department’s SLP dismissed In a recent judgment, Hon’ble Supreme Court has dismissed the SLP against the judgment of the Delhi High Court in holding that “incriminating material” would have to be …

Mere reimbursement of actual cost and expenses are not taxable service, for payment of service tax thereon – Supreme Court dismisses appeal of Department In a recent judgment, Hon’ble Supreme Court has affirmed the judgment of the Hon’ble CESTAT in holding that mere reimbursement of actual cost and …

Maintainability of a writ petition against any order/award of MSEFC – matter referred to Constitution Bench. In a recent judgment, Hon’ble Supreme Court has referred the question of Maintainability of a writ petition against any order/award of Micro and Small Enterprises Facilitation Council (MSEFC) to Constitution Bench. ABCAUS …