22 July 2024


Search Results for Tag : Applicability

Top Story

Amendment to Section 148 of Negotiable Instruments Act applies retrospectively(29.05.2019)

In a recent decision, the Supreme Court, while hearing a case namely Surinder Singh Deswal @ S.S. Deswal & Ors. v. Virender Gandhi held that, Section .....

Tags : Enactment, Amendment, Applicability

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Income Tax Department introduces a new utility for banks, post offices to check TDS rate on high value cash withdrawals(12.07.2020)

The Income Tax Department has facilitated a new functionality for Banks and Post offices through which they can ascertain the TDS applicability rates .....

Tags : TDS rate, Cash withdrawal, Applicability

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Increased Tax Collection at Source rates set to apply from 1st October, 2023(28.06.2023)

Certain changes were announced to the system of Tax Collection at Source (TCS) on payments under the Liberalised Remittance Scheme (LRS) and on overse.....

Tags : TCS, Rates, Applicability

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News

Tax Research Unit (TRU) Issues Clarification on Applicability of GST(05.08.2022)

TRU has clarified that GST will apply to late fees charged by service provider; amount forfeited for cancellation of hotel bookings; car hired for emp.....

Tags : TRU, GST Applicability, Clarification

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CBIC Notifies Reduction in Applicability of GST E-invoicing Threshold(09.03.2021)

Central Board of Indirect Taxes and Customs (CBIC) has notified the reduction in the applicability of Goods and Services Tax E-invoicing threshold fro.....

Tags : Central Board of Indirect Taxes and Customs, Applicability of GST E-invoicing Threshold

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SC Issues Notice to State of Uttar Pradesh on Applicability of New Policy on Release of Prisoners(06.12.2021)

Supreme Court has issued notice to the State of Uttar Pradesh on the issue whether the cases of those prisoners serving life-sentence which were requi.....

Tags : Supreme Court, Applicability of New Policy on Release of Prisoners

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Allahabad High Court: SC/ST Act Applies if Offence is Public(25.02.2020)

Allahabad High Court has set aside an order of summoning under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/.....

Tags : Allahabad High Court, Applicability of SC/ST Act

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International Cases

Fraudulent claims rule does not defeat a claim wholly good in law, even if a lie is told in support of it(20.07.2016)

Duty of utmost good faith applied not only in making of contract but in course of its performance. In facts of present case, insurance claim was relat.....

Tags : Fraudulent claims rule, Applicability, Insurer’s Liability

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Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)

Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....

Tags : Sentence, Validity, Change in law, Applicability

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Homes built for sale to be treated the same way as homes built for lease(21.06.2019)

The Respondent, Xantha Properties 18 (Pty) Ltd, carries on business in the building construction industry. It embarked upon the construction of a prop.....

Tags : Provision, Applicability, Enrolment fee

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A mere link between a claim which engages Article 24(2) of Recast Regulation and one which does not is not sufficient to bring latter within scope of that provision(29.07.2019)

Present appeal is concerned with the interpretation of Article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) of 12.....

Tags : Jurisdiction, Regulation, Applicability

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In order to succeed in tort of negligence, it is essential to establish a negligent breach of duty, causation and loss(20.11.2019)

In facts of present case, Mr. Thomas Arthur Watkins lived near Tredegar in South Wales. He was employed by the National Coal Board (later British Coal.....

Tags : Scheme, Benefits, Applicability

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Prescription Act does not apply to claims for compensation under the RAF Act(06.05.2020)

Present appeal concerns the question whether the running of prescription in respect of Mr Koos Jacobs’ claim for damages under the Road Accident Fund .....

Tags : Compensation, Enactment, Applicability

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A private company running on commercial lines is not entitled to exemptions under Section 10 Income Tax Act(20.11.2020)

The Appellant, City Power Soc Limited (City Power), is a state-owned company that is wholly owned by the City of Johannesburg (the City). In 2014, it .....

Tags : Assessments, Exemption, Applicability

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High Court would have jurisdiction over matters specified in Section 62(2) of Competition Act, 1998, unless such jurisdiction was specifically and expressly ousted(08.04.2021)

Present is an appeal against a decision of the High Court, in terms of which it dismissed an application under Rule 30 of the Uniform Rules , brought .....

Tags : Provision, Applicability, Jurisdiction

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Set off of opposing costs orders is not affected by Qualified One-way Costs Shifting ("QOCS"), essentially because set-off is not a type of enforcement(06.10.2021)

Present appeal relates to the construction and effect of a procedural rule in relation to the costs of legal proceedings that applies to all personal .....

Tags : Cost, Legal proceedings, Applicability

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A maintenance order had the same legal consequences which flowed from an order made in a civil action(21.01.2022)

The appeal stemmed from the judgment of the High Court, the court made a declaratory order to the effect that the maintenance obligations contained in.....

Tags : Maintenance order, Prescription Act, Applicability

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It is unlawful to discriminate against part-time workers, when a retirement pension falls due for payment(12.07.2017)

Appellant is a retired self-employed barrister, who also held part-time judicial office as a recorder (a part-time judge of Crown Court) between 1 Mar.....

Tags : Pension, Entitlement, Directives, Applicability

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Rate relief is allowed where a dwelling's rateable value is increased by facility required for meeting needs of a person who resides in hereditament and has a disability(09.09.2019)

Mrs Quinn who is a person with a disability for the purposes of Article 31A of the Rates (Northern Ireland) Order 1977 ("the 1977 Order") applied purs.....

Tags : Rate relief, Article, Applicability

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A provision of subordinate legislation which results in a breach of a Convention right must be disregarded, if it is possible to do so without affecting the statutory scheme(13.11.2019)

On 9 November 2016, present Court handed down judgment in the series of cases collectively reported as R (Carmichael) v Secretary of State for Work an.....

Tags : Housing benefit, Provision, Applicability

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Sstrict or literal interpretation of provisions has to be consistent with object of Act(10.06.2020)

The appeal concerned the application of Section 34A of the Estate Agency Affairs Act 112 of 1976, which precludes an estate agent from claiming commis.....

Tags : Provision, Applicability, Public interest

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Order under Section 1322(4)(c) of the Corporations Act can be passed if the person to be relieved from civil liability acted honestly(09.01.2024)

In present matter, on 8 December 2023, the Plaintiff, Enova Mining Ltd (Enova), filed an originating process seeking orders under Section 1322(4)(a) o.....

Tags : Liability, Provision, Applicability

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Notifications & Circulars

Applicability of TDS provisions of Section 194-I of the Income-tax Act, 1961 on lump sum lease premium paid for acquisition of long term lease(13.10.2016)

Section 194-I of the Income-tax Act, 1961 (the Act) requires that tax be deducted at source at the prescribed rates from payment of any income by way .....

Tags : TDS, Applicability, Lease premium

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TRAI releases Recommendations on "Applicability of e-KYC process for existing mobile subscribers as well as outstation customers"(23.01.2017)

The Telecom Regulatory Authority of India (TRAI) has issued its Recommendations on (i) "Verification of existing mobile subscribers through Aadhaar ba.....

Tags : Recommendations, Applicability, E-KYC process

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Clarification regarding applicability of Notification No. 45/2017-Customs dated 30.06.2017 on goods which were exported earlier for exhibition purpose/consignment basis(24.07.2019)

1. Representations have been received for clarifying the issue of applicability of Notification no. 45/2017-Customs on the re-import of goods which ha.....

Tags : Clarification, Applicability, Notification

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Bicycles-Retro Reflective Devices (Quality Control) Order, 2020(09.07.2020)

In exercise of the powers conferred by sub-sections (1) and (2) of section 16 read with section 17 of the Bureau of Indian Standards Act, 2016 (11 of .....

Tags : Quality Control, Articles, Applicability

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Applicability of the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 to Kotak Mahindra Bank Limited(23.09.2020)

Whereas, sub-clause (i) of clause (c) of sub-section (1) of section 10 of the Banking Regulation Act, 1949 (10 of 1949) (hereinafter referred to as th.....

Tags : Applicability, Provisions, Kotak Mahindra Bank Limited

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No GST is applicable on free food supplied in anna kshetras run by religious institutions(11.07.2017)

There are media reports suggesting that GST applies on free food supplied in anna kshetras run by religious institutions. This is completely untrue. N.....

Tags : Free food, Religious institutions, Non-applicability, GST

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Clarification regarding applicability of GST on the activity of construction of road where considerations are received in deferred payment (annuity)(17.06.2021)

1. Certain representations have been received requesting for a clarification regarding applicability of GST on annuities paid for construction of road.....

Tags : Clarification, Applicability, GST

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Clarification regarding rate of tax applicable on construction services provided to a Government Entity, in relation to construction such as of a Ropeway on turnkey basis(17.06.2021)

1. Reference has been received by the Board for a clarification whether services supplied to a Government Entity by way of construction such as of "a .....

Tags : Clarification, Applicability, GST

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Cabinet approves extension of applicability of New Investment Policy (NIP)-2012 read with its amendment to the Ramagundam Fertilizers and Chemicals Limited(09.06.2021)

The Cabinet Committee on Economic Affairs chaired by Prime Minister Shri Narendra Modi, has given its approval for the proposal of the Department of F.....

Tags : Extension, Applicability, NIP-2012

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Relaxation in applicability of provision in para 6 (b) of General Notes Regarding Import Policy Schedule-I (Imports) of the ITC(HS) 2017, Schedule I (Import Policy)(27.10.2021)

1. Reference is invited to DGFT's Notification No. 20/2015-2020, dated 24.08.2021, amended further by Notification No. 23/2015-2020, dated 03.09.2021,.....

Tags : Relaxation, Applicability, Provision

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Applicability of provisions of Para 2.20 of HBP, 2015-20 on Advance Authorisations issued under 2009-2014, FTP(25.04.2018)

1. This office has received a request for clarification regarding the date of applicability of provisions of para 2.20(d) of HBP 2015-20 on the Advanc.....

Tags : Provisions, Applicability, Advance Authorisations

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Clarification regarding applicability of Social Welfare Surcharge on goods exempted from basic and other customs duties/cesses(01.02.2022)

1. References have been received seeking clarification on the issue of applicability of Social Welfare Surcharge (SWS) on goods that are exempted from.....

Tags : Clarification, Applicability, Social Welfare Surcharge

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Relaxation from the applicability of SEBI Circular dated October 10, 2017 on non-compliance with the Minimum Public Shareholding requirements(14.05.2020)

1. SEBI circular No. CFD/CMD/CIR/P/2017/115 dated October 10, 2017 lays down the procedure to be followed by the recognized stock exchanges/depositori.....

Tags : Relaxation, Applicability, SEBI Circular

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Clarification on applicability of regulation 23 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 in relation to Related Party Transactions(30.03.2022)

1. Regulation 23 of the SEBI (Listing Obligations and Disclosure Requirements), Regulations 2015 ('LODR Regulations') was amended vide notification da.....

Tags : Clarification, Applicability, Regulation

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Non-applicability of provisions of Sub-rule (1A) of Rule 9 of the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 to the Foreign Portfolio Investor(04.01.2022)

In exercise of the powers conferred by sub-clause (i) of clause (h) of sub-rule (2) of rule 9A of the Prevention of Money-laundering (Maintenance of R.....

Tags : Non-applicability, Provisions, Foreign Portfolio Investor

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Clarifications regarding applicability of GST on certain services(01.08.2023)

Representations have been received seeking clarifications on the following issues

1. Whether services supplied by director of a company in hi.....

Tags : Clarifications, Applicability, GST

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Non-applicability of the provisions of section 31 read with clause (t) of section 56 of Banking Regulation Act, 1949 to primary co-operative banks till 31st December, 2020(29.09.2020)

In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949 (10 of 1949), the Central Government, on the .....

Tags : Non-applicability, Provisions, Co-operative banks

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Clarification w.r.t. applicability of PIMS at the time of import at SEZ/FTWZ/EOU and further import into DTA(05.07.2022)

1. The DGFT, vide Notification No. 11/2015-20 dated 25.05.2022, has introduced Paper Import Monitoring System (PIMS), by amending import policy of 201.....

Tags : Clarification, Applicability, PIMS

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GST applicability on liquidated damages, compensation and penalty arising out of breach of contract or other provisions of law(03.08.2022)

1. In certain cases/instances, questions have been raised regarding taxability of an activity or transaction as the supply of service of agreeing to t.....

Tags : GST, Applicability, Liquidated damages

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Credit Rating-Applicable for Infrastructure Investments(05.01.2021)

In exercise of powers under Regulation 14(2) of the IRDAI (Investments) Regulations, 2016 the Authority directs Insurers to classify Infrastructure in.....

Tags : Credit Rating, Applicability, Infrastructure Investments

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Amendment in notification No.25/2012-Service Tax, dated the 20th June, 2012(12.01.2017)

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government being satisfied tha.....

Tags : Notification, Amendment, Exemption, Applicability

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Applicability of Section 269ST of Income Tax Act, 1961(05.04.2017)

In exercise of the powers conferred by clause (iii) of the proviso to section 269ST of the Income-tax Act, 1961 (43 of 1961), the Central Government h.....

Tags : Notification, Section, Applicability

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RBI announces rate of interest on Government of India Floating Rate Bond 2033(21.03.2023)

The rate of interest on Government of India Floating Rate Bond 2033 (GOI FRB 2033) applicable for the half year March 22, 2023 to September 21, 2023 s.....

Tags : Rate, Interest, Applicability

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Applicability of Central Excise exemption on Ethanol/ Methanol blended Petrol, and high-speed diesel blended with bio-diesel, when blending is done within the refinery(22.06.2021)

1. References have been received seeking clarification on applicability of exemption from Basic Excise duty and other cesses, under different notifica.....

Tags : Applicability, Exemption, Ethanol

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Clarification regarding applicability of IGST on repair cost, insurance and freight, on goods re-imported after being exported for repairs, on the recommendations of the GST Council made in its 43rd m(19.07.2021)

1. References have been received seeking clarification on the issues of the applicability of IGST on repair cost, insurance and freight, on goods re-i.....

Tags : Applicability, IGST, Repairs

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Central Government hereby declare that the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 shall not apply to Kotak Mahindra Bank Limited(01.10.2019)

In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949, the Central Government, on the recommendatio.....

Tags : Provisions, Non applicability, Kotak Mahindra Bank

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Section 14(i) of IBC not apply to transactions, arrangements or agreements, under the Convention & Protocol, relating to aircraft, aircraft engines, airframes and helicopters(03.10.2023)

WHEREAS, the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipme.....

Tags : Provisions, Applicability, Agreement

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Clarifications regarding applicability of GST on certain services(31.10.2023)

1. Based on the recommendations of the GST Council in its 52nd meeting held on 7th October, 2023, at New Delhi, clarification, with reference to GST l.....

Tags : Clarifications, Applicability, GST

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Cabinet approves Exemption from applicability of DPE Guidelines to India Ports Global Limited(26.02.2020)

The Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has approved the exemption of the India Ports Global Ltd. (IPGL) from the DPE Gui.....

Tags : Exemption, Applicability, DPE Guidelines

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Applicability of SCOMET policy on Irregular Aluminium Powder- Clarification by DGFT(10.07.2024)

1. It has been brought to the notice that several field formations have sought clarification on the applicability of SCOMET on irregular Aluminium Pow.....

Tags : Applicability, SCOMET policy, Clarification

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Judgments

Doctrine of ex debito justitiae prevail over procedural law only where order of this Court passed without notice or where order has effect of eroding public confidence in justice delivery system(30.08.2016)

In instant writ petition, Petitioner assailed conviction order passed under Section 3 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (".....

Tags : Ex debito justitiae, Doctrine, Applicability

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Mere presence in an unlawful assembly cannot render a person liable unless there was a common object(20.10.2016)

By present revision petition, Petitioner seeks setting aside of order passed by Additional Sessions Judge discharging Respondents from offence punisha.....

Tags : Offence, Provision, Applicability

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Murder charge cannot be brought home unless there is some evidence to show that, robbery and murder occurred at same time(20.01.2017)

Accused-Appellant had been convicted by trial Court for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. He has a.....

Tags : Conviction, Provision, Applicability

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Prosecution under Section 182 of IPC void without following procedure prescribed under Section 195 of Cr. PC(10.01.2017)

Instant appeals arise out of criminal proceedings pending in Court of Additional Session Judge, Delhi in relation to offences registered under Section.....

Tags : Conviction, Procedure, Applicability

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Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)

Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....

Tags : Cognizance, Provision, Applicability

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In the case of any taxing statute, the same is required to be interpreted literally(20.06.2018)

In facts of present case, the Appellant is engaged in the manufacture of sponge iron, billets, rolled items and other goods falling under Chapters 72,.....

Tags : Demand, Rule, Applicability

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Right of private defence does not extend to inflict more harm than it is necessary in exercise of right of private defence(01.04.2019)

The challenge in the present appeals is to a judgment maintaining conviction of the Appellant for an offence under Section 302 of Indian Penal Code, 1.....

Tags : Conviction, Private defence, Applicability

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Departmental proceedings shall be deemed to be instituted on date on which statement of charges is issued to Government servant or pensioner(03.05.2019)

The Petitioner assails the order passed by the Central Administrative Tribunal. The Petitioner had assailed the initiation of departmental proceedings.....

Tags : Departmental proceedings, Time limit, Applicability

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TDS provisions under Section 194H of IT Act is not applicable on sale of recharge vouchers and pre-paid vouchers to sole distributors(18.05.2020)

Present cross appeals filed by the Revenue as well as the assessee are directed against the common order of the learned Commissioner of Income Tax (Ap.....

Tags : Levy, TDS provisions, Applicability

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An unregistered agreement cannot be a ground for invoking provisions of Section 40A(2)(b) of the IT Act in absence of requirement of law(23.07.2020)

The Assessee Company was engaged in business of manufacturing and trading of ignition coils for motor vehicle engines. For the year under consideratio.....

Tags : Additions, Provision, Applicability

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Belated challenge cannot be entertained by present Court with regard to applicability of Notification(07.10.2020)

The Petitioners in the present case are studying in their fifth semester of the LLB course, in the Faculty of Law, University of Delhi ('DU'). They ha.....

Tags : Supplementary examinations, Notification, Applicability

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Provisions of EPF Act are applicable to a private security agency engaged in expert service of providing personnel to its client(02.12.2020)

The Appellant is engaged in the business of providing private security guards to its clients on payment basis. The Appellant is registered under the P.....

Tags : Private agency, Provisions, Applicability

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Provisions of Limitation Act would apply mutatis mutandis to proceedings under IBC in NCLT/NCLAT(05.04.2021)

Present Appeal has been filed by the Appellant-Mr. Thomas George who is director of the suspended Board of the Corporate Debtor Mathstraman Manufactur.....

Tags : Limitation Act, Provisions, Applicability

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An independent building can have a number of residential units and it will not lose the character of one residential house(24.02.2021)

The appeal filed by the assessee is directed against the order passed by Learned Commissioner of Income Tax [CIT(A)], Bengaluru and it relates to the .....

Tags : Deduction, Provision, Applicability

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Provisions of compassionate appointment are applicable upon employees of the District Rural Development Agency(05.05.2021)

The writ Petitioner had challenged an order whereby claim for grant of compassionate appointment under the U.P. Recruitment of Dependents of Governmen.....

Tags : Compassionate Appointment, Rules, Applicability

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When the decree holder has a pre-existing right in the property, a decree does not require registration(06.07.2021)

The Appellant filed a suit for possession in the year 1978 disputing the Will dated 4th December, 1958 executed in favour of the defendant. The Appell.....

Tags : Registration, Provision, Applicability

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Payment made by hospital to consultant doctors requires deduction of tax at source under Section 194J of IT Act(12.07.2021)

The revenue is aggrieved by findings of Learned Commissioner of Income Tax (Appeal) [CIT(A)] that, the payment made by assessee hospital to certain co.....

Tags : Tax deduction, Applicability, Provision

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Limitation Act is applicable to arbitration proceedings initiated under Section 18(3) MSMED Act(29.06.2021)

Appeals are against impugned judgment by which the High Court, while referring to various provisions of the Arbitration and Conciliation Act, 1996 (19.....

Tags : Limitation Act, Provisions, Applicability

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In a case of revocable Trust, the provisions of Section 61 to 63 of IT Act were applicable and the assessee could not be assessed as AOP(15.09.2021)

Assessee is a Trust created by Asset Reconstruction Company India Ltd. (ARCIL) for the purpose of liquidating/recovering/realizing the non-performing .....

Tags : Revocable Trust, applicability of provisions

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Protection under Section 197 of the CrPC is not be available to public servant prosecuted under Section 48 of Water Act(13.07.2021)

Present appeal challenges the order passed by the High Court. Sandur Gram Panchayat, Sandur, Karnataka and the Appellant, who at the relevant time was.....

Tags : Public servants, Applicability, Provision

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Section 5 of Limitation Act shall not be applicable to the appeal against the order of Recovery Officer(24.11.2021)

The original respondent has preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has .....

Tags : Applicability, Provision, Delay, Condonation

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Provisions of unjust-enrichment of Rule 9B(5) of Central Excise Rules, 1944 cannot be applied retrospectively(17.01.2022)

The issue involved in the present case is that, whether the unjust-enrichment is applicable in the facts of this case where the duty was paid provisio.....

Tags : Provisions, Unjust-enrichment, Applicability

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Any Member of the Bench can pronounce the order for and on behalf of the Bench(30.05.2022)

Present Appeal has been filed against order by which order the application under Section 7 filed by the Financial Creditor has been admitted. Learned .....

Tags : Applicability, Provision

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Construction of statutory phrase, placed by a circular issued by the Central Board of Excise and Customs is binding on the Revenue till the same is withdrawn(12.04.2022)

The brief fact of the case is that based on intelligence that Appellant was not paying Service tax on the Construction activities carried out by him, .....

Tags : Demand, Circular, Applicability

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Pure question of law can be urged at any point of time before any forum provided it does not require any further adjudication of any disputed fact(18.05.2018)

The Petitioners have primarily challenged the Notification, dated January 8, 2011, issued by the Ministry of Labour and Employment applying the Employ.....

Tags : Publication, Notification, Applicability

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Section 69(2) of Partnership Act, 1932 is not a bar to a suit filed by unregistered firm, if the same is for enforcement of statutory right(31.01.2022)

Present appeal, by the Plaintiff of a suit for declaration and injunction, is directed against the judgment, as passed by the High Court, whereby the .....

Tags : Injunction, Provision, Applicability

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For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)

The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....

Tags : Rebate claim, Limitation period, Applicability

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Investment in excess stock computed by the department is liable to be treated as business income(10.10.2022)

The Appellant is an individual engaged in the business of trading of furniture and the Appellant had filed return of income. A survey operation was co.....

Tags : Assessment, Provision, Applicability

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Executive orders or circulars in the absence of any legislative competence cannot be made applicable with retrospective effect(22.09.2022)

The instant batch of appeals has been preferred by the Appellant, Bharat Sanchar Nigam Ltd. assailing the judgment passed by the Telecom Disputes Sett.....

Tags : Circular, Rates, Applicability

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Liability to deduct tax under Section 195 of IT Act arises only when the "sum" being paid is chargeable to tax under the IT Act(20.07.2022)

The Assessee had entered into an agreement with GSI Engine B.V., {a tax resident of Netherland, having its head office at Netherland} qua an aircraft .....

Tags : Tax, Provision, Applicability

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Balance Sheets entries can amount to acknowledgement of debt for purpose of extending limitation(15.04.2021)

In present matter, Corporate Power Ltd. ["the corporate debtor"] set up a thermal power project in Jharkhand, and for so doing, availed of loan facili.....

Tags : Balance Sheets, Entries, Provision, Applicability

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Insurance contract must be read as a whole and every attempt should be made to harmonise the terms thereof(08.02.2023)

The non-application of the general strict liability principle, in case of an insurance policy, is sought to be questioned, where an expanded meaning h.....

Tags : Policy, Principle, Applicability

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Proceedings under Section 140(5) of Companies Act are maintainable even after the resignation of the auditors(03.05.2023)

In present appeals, common question of law pertaining to the interpretation of Section 140(5) of the Companies Act, 2013 and the Investigation Report .....

Tags : Application, Provisions, Applicability

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Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment(24.03.2023)

The Director General, Doordarshan Prasar Bharti Corporation of India and another have preferred the present appeal feeling dissatisfied with the impug.....

Tags : Contractual employee, Rules, Applicability

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SVLDR Scheme is required to be interpreted liberally to further its object(22.05.2023)

The Petitioner has filed the present petition under Article 226 of the Constitution of India, 1950 impugning the decision of the concerned authority t.....

Tags : Tax dues, SVLDR Scheme, Applicability

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Provisions of Section 96 of the IBC are not applicable on a complaint filed under Section 138 of NI Act(15.05.2023)

The facts of the present case are that, the complaint was filed by Respondent No. 1 against the Petitioner and Respondent Nos. 2, under Section 138 re.....

Tags : IBC, Provision, Applicability

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Principles of Section 20 of CPC do not apply to the arbitration proceedings(31.10.2023)

Present petition is filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief from this Court to re.....

Tags : Jurisdiction, Clause, Applicability

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Rectification proceedings under Section 154 of the IT Act is applicable for a patent mistake which can be established not by a long-drawn process(17.01.2024)

The assessee is a credit co- operative society engaged in the business of providing credit facilities to its members. For the AY 2014-15, return of in.....

Tags : Assessment, Provision, Applicability

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Sufficient medical evidence should be available before the adjudicating authority for applying the principles of Res Ipsa Locutor(17.10.2023)

The present appeal is directed against the order passed by the National Consumer Disputes Redressal Commissionwhereby the complaint filed by the Appel.....

Tags : Principles, Res Ipsa Locutor, Applicability

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Certified copy which includes a print out must be accompanied by a certificate as contemplated in Section 2-A (a), (b) and (c) of Bankers' Books Evidence Act, 1891(20.10.2023)

A short question of law arises in present petition is whether procedure prescribed under the provisions of the Bankers' Books Evidence Act, 1891 is re.....

Tags : Documents, Procedure, Applicability

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When the substantial control remains with the contractor and is not handed over to the user, it can’t be termed as sale and Sales Tax or VAT can’t be applied(09.01.2024)

Present group of appeals concerns the liability to pay tax under the Assam General Sales Tax Act, 1993 ('the Sales Tax Act') and the Assam Value Added.....

Tags : Payment, Provision, Applicability

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Section 5 of the Limitation Act, will apply only if it is extended to the special statute(19.01.2024)

Present is a writ petition under Article 226 of the Constitution of India wherein the Petitioner is aggrieved by the order passed by the appellate aut.....

Tags : Delay, Provision, Applicability

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Payment of foreign commission is not taxable in India(07.02.2024)

The assessee is a partnership firm engaged in the business of manufacturing and trading of fertilizers, chemical and paints during the year under cons.....

Tags : Assessment, Provision, Applicability

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Assessing Officer is not vested with an authority to travel beyond the net profit shown in the profit and loss account(11.03.2024)

The present appeal under Section 260A of the Income Tax Act, 1961 [ IT Act], at the instance of the Revenue, impugns the order passed by the Income Ta.....

Tags : Assessment, Provision, Applicability

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Dishonest inducement is the sine qua non to attract the provisions of Sections 415 and 420 of IPC(20.03.2024)

The present appeal challenges the order passed by the learned Single Judge of the High Court, whereby the High Court rejected the petition filed by th.....

Tags : FIR, Provision, Applicability

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For an interim or final moratorium under Section 96 of IBC to come into force, application filed by debtor should be complete in all respects and without any procedural defects(17.11.2023)

The Petitioner who is a sleeping partner in the 3rd respondent-Limited Liability Partnership Firm, seeks to declare that the provisions of the Insolve.....

Tags : Proceedings, Provision, Applicability

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Power to record additional evidence under Section 391 of CrPC should only be exercised, when the party making such request is diligent(29.01.2024)

The instant appeal by special leave filed at the behest of the Appellant accused calls into question the order passed by the High Court rejecting the .....

Tags : Provision, Applicability, Additional evidence

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Sanction is not required to prosecute a public servant who faces accusation of creating fake documents by misusing his official position(17.01.2024)

The Appellant as the complainant lodged a first information report alleging that Respondent No. 2 were irregularly creating documents of property in t.....

Tags : Sanction, Provision, Applicability

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Amounts covered by security deposits under the agreements constitute financial debt(25.04.2024)

Present appeals take exception to judgments and orders passed by the National Company Law Appellate Tribunal (NCLAT). The issue involved is whether th.....

Tags : Financial creditor, Provision, Applicability

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Regulation of private practice by govt. doctors is subject matter of separate Rules, circular issued under J&K Govt. Employees (Conduct) Rules 1971 not applicable to govt. doctors(21.10.2016)

A Writ Petition was instituted in public interest before High Court of Jammu and Kashmir by Respondents seeking to challenge a Circular dated 11 Augus.....

Tags : Circular, Applicability, Government doctors

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RBI’s Circular issued to extend relief to borrowers during the COVID-19 pandemic is not applicable to defaults prior to the outbreak of the pandemic(18.12.2020)

The present writ petition has been filed challenging the impugned letter sent by Respondent No.1/IL&FS Financial Services Ltd. ('IL&FS'), by which it .....

Tags : Burrowers, RBI circulars, Applicability

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Rule 5 of Cenvat Credit Rules, 2004 will be applicable for the export of services prior to 14th March 2006(16.07.2024)

The appellant filed refund claims under Rule 5 of the Cenvat Credit Rules, 2004 read with Notification No. 5/2006-CE (NT) dated March 14, 2006. These .....

Tags : Cenvat Credit, Refund, Applicability

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Amendment brought to Section 153C of the IT Act, shall be applicable to searches conducted under Section 132 of the IT Act, before the date of the amendment(06.04.2023)

The Revenue has preferred the present appeals feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court,.....

Tags : Amendment, Searches, Applicability

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Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)

In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....

Tags : Conviction, Exception, Applicability

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Explanation 3C to Section 43B (d) of the IT Act is 'clarificatory' and does not add a new condition retrospectively(11.08.2021)

The question raised in present appeals is with particular reference to Section 43B Explanation 3C of the Income Tax Act, 1961 [IT Act]. On 28th Novemb.....

Tags : Assessment, Clarificatory provision, Applicability

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When the Guarantee requires invocation of guarantee deed, default on the guarantor shall be the date, when corporate guarantee has been invoked(26.07.2023)

Present Appeal has been filed against the Order by which Section 7 Application filed by the Appellant has been rejected as barred by Section 10A of th.....

Tags : Default, Time period, Applicability

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In a complaint under Section 138 of NI Act, only drawer of the cheque who can be prosecuted(21.02.2024)

Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C') praying for quashing of the complaint filed by th.....

Tags : Complaint, Provision, Applicability

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Foreign exchange receipt must be attributable to the information or service contemplated by Section 80-O of Income-tax Act for claiming deduction(05.06.2020)

The short point calling for determination in present appeals is whether the income received by the Appellants in foreign exchange, for the services pr.....

Tags : Deduction, Applicability, Provision

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SARFAESI Act is applicable to Cooperative Banks(05.05.2020)

In present case, the question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of th.....

Tags : SARFAESI Act, Co-operative banks, Applicability

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