Category: Supreme Court
CJM equally competent to process application of secured creditor to take possession of secured asset u/s 14 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act (SRFAESIA) 2002 – Supreme Court ABCAUS Case Law Citation:ABCAUS 3154 (2019) (09) SC Important case law relied …
Doctrine of promissory estoppel inapplicable in larger public interest. Supreme Court upheld withdrawal of custom exemption notifications ABCAUS Case Law Citation:ABCAUS 3151 (2019) (09) SC Important case law relied upon by the parties:Kasinka Trading vs. Union of IndiaDarshan Oils (P) Ltd. vs. Union of IndiaSTO vs. Shree Durga …
When appeal from order of CESTAT lie before Supreme Court or to the High Court u/s 130E or 130 of Custom Act. Supreme Court explains the law ABCAUS Case Law Citation:ABCAUS 3138 (2019) (09) SC Important case law relied upon by the parties:Navin Chemicals Manufacturing & Trading Company …
Section 292BB does not save complete absence of notice. Section seeks to cure only infirmities in service of notice – Supreme Court ABCAUS Case Law Citation:ABCAUS 3120 (2019) (08) SC Important case law relied upon by the parties:ACIT v. Hotel Blue Moon’ (2010) 321 ITR 362 The instant …
Transfer pricing adjustment without reference to TPO. Supreme Court upholds that AO breached mandatory Instruction but restored appeal to AO ABCAUS Case Law Citation:ABCAUS 3119 (2019) (08) SC Important case law relied upon by the parties: The instant Appeal by Special Leave was made by the Revenue to …
Reopening u/s 148 alleging evidence discovered with due diligence quashed as no specific failure on part of the assessee was stated. SC dismisses SLP of the Department ABCAUS Case Law Citation:ABCAUS 3110 (2019) (08) SC The respondent assessee was a company. For the relevant assessment year it had …
Supreme Court upholds Home buyers status as financial creditors. Constitutional validity of amendments to IBC 2016 also upheld ABCAUS Case Law Citation:ABCAUS 3109 (2019) (08) SC Important case law relied upon by the parties:Nikhil Mehta and Sons (HUF) v. AMR Infrastructure Ltd.Chitra Sharma & Ors. v. Union of …
Deemed Registration u/s 12AA-Supreme Court admits SLP on the issue as to whether provisions of Section 12AA of the Income Tax Act, 1961 are directory or mandatory ABCAUS Case Law Citation:ABCAUS 3098 (2019) (08) SC The Sub-section 2 of Section 12AA of the Income Tax Act, 1961 (the …
In absence of cost of acquisition of development rights, TDR cannot be taxed as a capital gain. Supreme Court dismissed SLP of Department ABCAUS Case Law Citation:ABCAUS 3097 (2019) (08) SC Important case law relied upon by the parties:Sambhaji Nagar Co-op. Hsg. Society Ltd. (2015) 370 ITR 325 …
Addition as unexplained credit/Investment in case of money launderer / hawala operator. Supreme Court dismisses SLP against High Court order ABCAUS Case Law Citation:ABCAUS 3089 (2019) (07) SC The Income Tax Department had received information from the Enforcement Directorate (ED) that the appellant assessee had opened various bank …
