CBDT Notification: Centralized Communication Scheme, 2018

The CBDT has issued a Notification dated 22nd February, 2018 to notify the Centralized Communication Scheme 2018. The Centralized Communication Scheme 2018 provides for the electronic issuance of notices to taxpayers and prescribes the format in which the information and documents have to be furnished Read More …

Service Of Notice U/s 143(2) For Making Assessment

Section 143(2) of the Income-tax Act was interpreted in the latest judgement of the Supreme Court in INCOME TAX OFFICER, ETAWAH VERSUS DHARAM NARAIN CIVIL APPEAL NO(S). 2262 OF 2018. The Supreme Court held in the judgement that the non-availability of the respondent – Assessee to receive the notice sent by registered post as many Read More …

Discounts and Rebates not part of ‘Sale Price’ | Refund of tax paid on excess amount

The Supreme Court’s latest judgement in Universal Cylinders Limited vs. Commercial Taxes Officer interpreted Section 2(39) of the Rajasthan Sales Tax Act, 1994, which defines ‘sale price’. In the judgement it is noted that under section 2(39) “sale price” means the amount paid or payable to a dealer as consideration for the sale less any Read More …

S. 143(1)(a) Adjustment For Section 36(1)(viii) bad debts disallowance

The latest Bombay High Court judgement considers whether an adjustment u/s 143(1)(a) of the Income-tax Act, 1961, relating to disallowance of the claim for bad debts under Section 36(1)(viii) in respect of a sum of Rs.1,69,37,818/- representing “provision for doubtful overdue installments under hire purchase finance agreements” Read More …

Law On Oppression Or Mismanagement U/s 397, 398 Companies Act

The latest Bombay High Court judgement in Abdul Wahid Abdul Gaffor Khatri vs. Safe Heights Developers Pvt. Ltd COMPANY APPEAL NO.22 OF 2013 explains the law on sections 397 and 398 of the Companies Act which deal with opression of the minority and mismanagement.

The Bombay High Court has held in the judgement that it is well settled, as held, inter alia, by the Hon’ble Supreme Court in 1V.S. Krishnan & Ors .v. Westfort Hi-Tech Hospital Limited & Ors. and followed in 2Purnima Manthena & Anr. v. Renuka Datla & Ors that an Appeal under Section 10-F of the Companies Act, would lie only on a question of law.

It has been pointed out in the judgement of the Bombay High Court that Section 10-F expressly states that the Appeal will lie only on a question of law arising out of the order. It is further held by the Hon’ble Supreme Court that the CLB is the final authority on facts, unless, such findings are perverse, based on no evidence or are otherwise arbitrary.

The Bombay High Court judgement further emphasizes that it is further well settled that an order passed by the CLB under Sections 397 and 398 is a discretionary order as held by the Hon’ble Supreme Court in V. S. Krishnan (supra) and in 3Sangramsinh P. Gaikwad v. Shantadevi P. Gaikwad. Being a discretionary relief, the Appellate Court, i.e. the High Court ought not to interfere with the judg- ment or replace the same with its own exercise of discretion, particu- larly given the restrictive scope of Section 10-F. Read More …

Divorce By Mutual Consent: Supreme Court Grants Custody Of Child

By this judgement, the Supreme Court held that the marriage between Sudarsana Rao Gadde and Karuna Gadde is dissolved by a decree of divorce by mutual consent under Section 10A of the Indian Divorce Act, 1869. In the Settlement, the parties have agreed on visitation and custody rights of the child. Read More …

Latest Judgement On Public Premises (Eviction of Unauthorised Occupants) Act, 1971 By Supreme Court

The Supreme Court judgement considers the seminal question whether the order passed by the City Civil Court in exercise of power under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, as an Appellate Officer, is in the capacity of a Civil Court or persona designata? IN THE SUPREME COURT OF INDIA Read More …

Right to Information Act, 2005 Interpreted By Supreme Court

The Supreme Court has held in the latest judgement that indiscriminate and impractical demands or directions under the Right to Information Act, 2005 (RTI Act) for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counterproductive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non-productive work of collecting and furnishing information Read More …

Supreme Court Explains SC/ST Prevention Of Atrocities Act In Latest Judgement

The Supreme Court judgement considers a case where a complaint was filed before the jurisdictional police station under Sections 420, 467, 468, 471, 120B, 506 of Indian Penal Code, 1860 [hereinafter referred as ‘IPC’ for brevity] and under Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the allegations that one Smt. Vidhyabai and others sold the disputed land to respondent no. 1 and got the appellant’s property mutated by committing fraud and forgery. It was further alleged that the respondents had threatened the appellant with dire consequence and swore at them with filthy language intended to belittle his caste/tribe. The concerned police station did not take any action on the aforesaid complaint Read More …