Category: Supreme Court
Cheque not filled though signed by drawer no defence in trial of offence u/s 138 of NI Act. Accused must prove cheque was not in discharge of a debt/liability ABCAUS Case Law Citation:ABCAUS 3278 (2020) (03) HC Important case law relied upon by the parties:M/s Surveka Distributors Pvt. …
Opening GST Portal to allow filing/Revision of TRAN-1. Supreme Court dismisses SLP of the Government against order of Punjab & Haryana High Court ABCAUS Case Law Citation:ABCAUS 3277 (2020) (03) SC Important case law relied upon by the parties:Krish Authomotors Pvt. Ltd. Vs UOI and otherWillowood Chemicals …
Denial of Registration 12AA for not spending income by trust. CIT to consider issue u/s 12AA(3) if the facts justify Registration – Supreme Court ABCAUS Case Law Citation:ABCAUS 3276 (2020) (02) SC In the instant case, a Special Leave Petition was filed by the Commissioner of Income Tax …
Registration u/s 12AA can not be denied for non-commencement of activities. Registration can be applied for by a new trust. Supreme Court settles the law. ABCAUS Case Law Citation:ABCAUS 3275 (2020) (02) SC Important case law relied upon by the parties:Commissioner of Income Tax-II vs. R.S. Bajaj SocietySelf …
Non striking of applicable limb of penalty u/s 271(1)(c) in notice. ITAT permits restoration of appeal if issue is decided by Supreme Court in favour of Revenue ABCAUS Case Law Citation:ABCAUS 3269 (2020) (02) ITAT In a recent judgment, Tribunal had dealt with a challenge to the validity …
Godown used for storage of explosives qualifies for exemption u/s 54G being a place used for purpose of business of Industrial Undertaking ABCAUS Case Law Citation:ABCAUS 3258 (2020) (02) SC The Hon’ble Supreme Court had dismissed the SLP of the ITD against the judgment of the High Court …
No penal action on filing of belated GSTR-9/GSTR-9C returns-SC declines to interfere Rajasthan High Court Judgment In a recent judgment, Hon’ble the Rajasthan High Court had directed the GST authorities to accept the filing of GSTR-9 and GSTR-9C from the Petitioner namely Tax Bar Association till February 12th …
Unutilised MODVAT credit of Excise Duty not allowable u/s 43B. Paying cost of raw materials does not mean that assessee is liable to pay Excise Duty on such raw material/inputs ABCAUS Case Law Citation:ABCAUS 3247 (2020) (02) SC Important case law relied upon by the parties:Eicher Motors Ltd. and another versus Union of India and …
No bar in law for a person dealing in land to also have investment in land. Assessee can hold same class of assets as investment and also as stock in trade. SC dismissed SLP of the Revenue ABCAUS Case Law Citation:ABCAUS 3222 (2020) (01) SC The Respondent …
Incidence of Central Sales Tax occurs where the goods are appropriated to the contract. Supreme Court dismissed SLP of VAT Department ABCAUS Case Law Citation:ABCAUS 3221 (2020) (01) SC Important case law relied upon by the parties:Larsen and Tourbo Limited Vs. State of Karnatka (2014) 1 SCC 708.Thyseenkrupp …