Judgements and Orders, Supreme Court and High courts of India



Delhi Tribunal reaffirms that the taxpayer can claim the benefits of a double taxation avoidance agreement between India and Mauritius on the basis of a tax residency certificate

Posted in Income Tax |   2705 Views



Applicability of Central Excise and Service Tax Sections to CENVAT Credit: Sections 11A and 11AB will be applicable where the CENVAT credit in question has been utilised for payment of duty of excise on final products whereas Sections 73 and 75 of th

Posted in Service Tax  1 comments |   7459 Views


Judgment on Companies Act, 1956

  Sumit Jain    30 June 2009 at 14:45

M/s. India Capacitors Ltd. (for short, the said Company), a company incorporated and registered under the Companies Act, 1956 (for short, the said Act), was directed by an Order of the learned Company Judge dated 23.10.1997 to be wound up and the Off

Posted in Corporate Law |   5353 Views


Judgment on contract

  Sumit Jain    30 June 2009 at 14:45

The petitioner was awarded a contract for construction of 60 numbers of single suits for four storeyed at Dev Nagar New Delhi vide contract no. 08/EE/LD/1997-98. A dispute arose between the petitioner and the respondent which was referred to the arbi

Posted in LAW |   3340 Views


judgment on INCOME TAX

  Sumit Jain    30 June 2009 at 14:45

The Revenue has preferred the present appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’) against the judgment of the Income Tax Appellate Tribunal (hereinafter referred to as the ‘Tribunal’) dated 19.05.2006

Posted in Income Tax |   5091 Views


judgment on INCOME TAX

  Sumit Jain    30 June 2009 at 14:45

In both the writ appeals, one filed by the firm and the other by the partner of the firm, as a common question of law is involved, they are being heard together and disposed of by this common judgment.

Posted in Income Tax |   2586 Views



The primary object of the Excise Act is to raise revenue for which various products are differently classified in New Tariff Act.

Posted in Income Tax |   2714 Views


Sale Tax Determinations:

  Sanjeev Jain    30 June 2009 at 14:45

1. Suretech International :Held equipment for recovery and peak performance of batteries being subject matter of determination, do not form part of “ Renewable energy devices and spare parts” covered under item no. 58 of third schedule to DVAT ACT, 2

Posted in Income Tax |   1954 Views



In this determination, in context of the question "What is the rate of tax upon Electric Motors and Switch gears/starters which are used as a part of Machinery”, it is held that the subject items do not find any place in any of the schedules of Act,

Posted in Income Tax |   1791 Views


Bank Guarantee

  Member (Account Deleted)    30 June 2009 at 14:45

Bank guarantee - Appellant-bank had given an unconditional on demand bank guarantee, which was invoked within its validity period - However, an application, whereof bank was not party, was filed for stay of payment under bank guarantee - High Court g

Posted in Others |   7309 Views




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