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Supreme Court

Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material.

22 Jul 2020

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a Sout...

Supreme Court

Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

22 Jul 2020

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

Supreme Court

Supreme Court Allows Municipal Corporation's Appeal in Recruitment Eligibility Dispute, Overturning Lower Court Rulings. The Court held that an MBA degree with subjects in Human Resource Management and Industrial Relations does not meet the essential qualification of a postgraduate degree/diploma in specified or allied subjects for the post of Labour Welfare Superintendent, emphasizing employer discretion in recruitment.

21 Jul 2020

The appeal originated from a judgment and order of the Division Bench of the High Court of Delhi dated 29 November 2016, which affirmed a decision of ...

Supreme Court

Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge.

20 Jul 2020

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court ha...

Supreme Court

Supreme Court Grants Bail to Accused in VTPMS Project Dispute, Holding Civil Nature of Dispute and Protracted Incarceration Unjustified. The court found that the dispute was primarily civil, economic interests were protected by arbitral interim measures, and continued detention without trial was unwarranted.

19 Jun 2020

The appellant, Jinofer Kawasji Bhujwala, was cited as A-1 in a First Information Report registered on 26 June 2019 for alleged offences under Sections...

Supreme Court

Supreme Court Allows Appeal by Dependents in Motor Accident Compensation Case — High Court's Factually Erroneous Findings Set Aside. Income Tax Return Filed Before Death Must Be Considered; Future Prospects and Conventional Heads Awarded as Per Pranay Sethi.

16 Jun 2020

The present civil appeal was filed by the dependents of Harish Singh Arya, who died at age 35 in a motor vehicle accident on 18.06.2007. The deceased ...

Supreme Court

Supreme Court Allows Appeal of Housewife Seeking Enhanced Compensation in Motor Accident Case Due to Underestimation of Disability. The Court restored the whole body disability to 32% as per medical evidence and enhanced compensation for loss of amenities.

16 Jun 2020

The appellant, a housewife, was injured in a motor accident on 25.12.2008 when a lorry dashed against the bus she was traveling in. She suffered nine ...

Supreme Court

Supreme Court Allows State's Appeal in Sales Tax Reimbursement Dispute — Clarifies That Sales Tax on Works Contracts Is Levied on Goods Component, Not on Completed Items of Work. Clause 45.2 of GCC Does Not Apply When Tax Is on Transfer of Property in Goods Involved in Works Contract.

5 Jun 2020

The Supreme Court allowed the appeal filed by the State of Orissa against the judgment of the Orissa High Court. The dispute arose from works contract...

Supreme Court

Supreme Court Allows Bank's Appeal in Consumer Dispute Over Insurance Deficiency — Bank Not Liable for Failure to Insure Hypothecated Assets Where Contract Imposed Primary Obligation on Borrower. The Court held that the bank's liberty to insure did not create a duty, and the borrower's indemnity clause shielded the bank from liability for uncovered losses.

20 May 2020

The appellant, Canara Bank, had extended credit facilities to the respondent, Leatheroid Plastics Pvt. Ltd., since 1980. On 4th January 2001, the bank...

Supreme Court

Supreme Court Dismisses Contempt Petitions Against Food Corporation of India for Non-Compliance of Regularisation Orders — No Willful Disobedience Found as Corporation Took Steps Towards Compliance

19 May 2020

The Supreme Court dismissed a batch of contempt petitions filed by workmen unions against the Food Corporation of India (FCI) for alleged non-complian...

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