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Others Judgments and Orders

Urgent need for measures to checkmate prejudice to large sections of general public

 22 July 2015

Judgments of the higher court/s and/or the Apex Court are either per incuriam and/or stare-decisis and/or against the doctrine of Pith N Substance and/or Ultra Vires and/or otherwise untenable looking to the ground realities. Such judgments remain ..

Posted in Others 2 comments |   5104 hits

SC: Guidelines for govt. ads

 15 May 2015

The Supreme Court bench comprising of Justices Ranjan Gogoi and Pinaki Chandra Ghose prescribed detailed guidelines on the issuing of government advertisements. ..

Posted in Others 8 comments |   8043 hits

SC: Dishonour of cheque

 01 May 2015

The Supreme Court bench comprising of Justices J. Chelameswar and Pinaki Chandra Ghose held that the printed date on the cheque, in absence of any other evidence, cannot be conclusive of the fact that the cheque was issued on that particular date. ..

Posted in Others 22 comments |   13797 hits

Whether levy of service-tax on Advocates is Constitutional – Article 19(1)(g)

 22 December 2014

The Petitioner is an Indian citizen and a practicing Advocate. He claims to be affected by the levy of Service Tax on Advocates. It is the case of the Petitioner that section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 200..

Posted in Others 12 comments |   9500 hits

Whether capital receipts received by an assessee on issue of equity shares to its non-resident holding entity and the short-fall between fair market price and issue price of its equity shares can b

 13 October 2014

The Petitioner, Vodafone India Services Pvt. Ltd., is a wholly owned subsidiary of a non-resident company, Vodafone Tele-Services (India) Holdings Limited (the holding company). In AY 2009-10,the Petitioner issued equity shares on a premium to its ho..

Posted in Others 1 comments |   5130 hits

CCI imposes penalty on Super Cassettes Industries Ltd. for abuse of dominant position

 06 October 2014

The Competition Commission of India held Super Cassettes Industries Limited in contravention of the provisions of section 4(2)(a)(i) of the Competition Act, 2002 for imposing unfair conditions of Minimum Commitment Charges (MCC) upon the private FM S..

Posted in Others |   4197 hits

SC: Will drawn up in English is valid, even if the testator is ignorant of the language.

 15 September 2014

The Supreme Court bench comprising of Justices Ranjan Gogoi and R.K. Agrawal held that a Will drawn up in English is valid, even if the person bequeathing his/her property was ignorant of the language, provided the content was explained to the testat..

Posted in Others 1 comments |   5898 hits

CCI imposes penalty of Rs. 2544.64 crores on car companies

 27 August 2014

The Competition Commission of India found 14 car companies in contravention of the provisions of the Competition Act, 2002. Commission also imposed a penalty calculated at the rate of 2% of the average turnover of the 14 car companies amounting to Rs..

Posted in Others 5 comments |   4858 hits

NGT directs MoEF to appoint only experts in panels

 21 July 2014

The National Green Tribunal bench headed by Justice Swatanter Kumar directed the Ministry of Environment and Forest not to appoint persons as Chairperson/Members of the Expert Appraisal Committee/State Expert Appraisal Committee who do not have exper..

Posted in Others |   4180 hits

Physical Meetings cannot be substituted by postal ballots

 12 July 2014

The issue raised before the Bombay High Court was that whether a resolution for approval of a Scheme of Amalgamation can be passed under Section 110 of the Companies Act, 2013 and SEBI Circular dated May 21, 2013, by a majority of the equity sharehol..

Posted in Others 1 comments |   3972 hits

Whether transfer of shares under a family agreement are for a determinable "consideration" or "voluntary", whether the shares are received under a "gift" and benefit of cost and holding period be claimed by transferee?

 17 June 2014

The Respondent is an investment company in which individual members of the Bilakhia family held equal interest. The family members executed a deed of family arrangement with an objective to consolidate and equalize values of the assets held by each o..

Posted in Others 1 comments |   3897 hits

Law explaining formation of AOP & taxability of off-shore supply & services

 01 May 2014

The petitioner - Linde had formed a consortium with Samsung through MOU for jointly submitting a bid to secure a tender floated by OPAL to execute a project on turnkey basis. The proposal was accepted by OPAL. The consortium entered into an agreement..

Posted in Others 2 comments |   3106 hits

Whether notices can be issued for TDS default u/s 205 & Sec. 40(a)(i) disallowance if no income arises to the recipient?

 30 April 2014

Two writ petitions were filed under Art. 226 of the Constitution of India, challenging the jurisdiction of the first respondent to (i) reopen the assessment by issue of a notice under section 148 of the Income Tax Act, 1961 (“the Act”) and (ii) to tr..

Posted in Others 1 comments |   4244 hits

Special capital incentive by state govt: whether capital receipt?

 25 April 2014

Assessee is a company engaged in the business of manufacturing of internal combustion engines had filed the return of income for the Assessment Year 1997-98 on 30.11.1997 declaring the total income of Rs.41,93,64,490/.The Assessing Officerassessed th..

Posted in Others |   2807 hits

SC: Secured creditor cannot take over possession of the secured asset with the lessee under a valid lease

 11 April 2014

The appellants who were tenants of different premises in Mumbai had mortgaged the premises to different banks as securities against loans. The appellants defaulted in repayment loans. The respondents issued notices of 60 days period under SARFAESI A..

Posted in Others 2 comments |   6086 hits

Distance Education degree not eligible for LLB

 04 April 2014

Justice K. Vinod Chandran has held that that the graduate degree obtained through the distance education mode, can not be considered as an eligible qualification for admission to three year LL.B course...

Posted in Others 7 comments |   7295 hits

Delhi HC finds BJP and Congress guilty of violating FCRA

 31 March 2014

The bench comprising of Justice Pradeep Nandrajog and Justice Jayant Nath on a writ petition filed in public interest found political parties BJP and Congress to be guilty of violating Foriegn Contribution (Regualtion) Act, 1976 by accepting foreign ..

Posted in Others |   2038 hits

Delhi HC rejects plea of schools on nursery admission guidelines

 21 January 2014

The Delhi High Court dismissed the plea of unaided private schools, seeking a stay on Delhi government's nursery admission guidelines including scrapping of 20% Management Quota. Important highlights from the judgment by bench comprising Chief Jus..

Posted in Others |   2305 hits

Account of disallowing warrant cost & warranty cost for computing the book profit u/s 115JBV of IT Act

 06 January 2014

This is a set of two revenue’s appeals for A.Y. 2004-05 and 2005-06 on the quantum assessment and the corresponding cross-objections by the assessee. Revenue has also filed appeal against deletion of penalty u/s 271(1)(c) for A.Y. 2005-06...

Posted in Others |   2264 hits

Ascertained liability allowable under the mercantile system of accounting (Principle of Consistency)

 31 December 2013

The assessee is a Company and is engaged in the business of manufacturing of white crystal sugar. It filed its return of income on 25.11.2006 declaring total income of Rs.1,01,251/-. The Ld.AO complete the assessment u/s 143(3) on 31.12.2008 determin..

Posted in Others |   2654 hits