S. 80-IB Of Income Tax Act - Assessee Not Entitled To Deduction Under On Profit Derived From DEPB And Duty Drawback Schemes: Supreme Court

The Supreme Court has ruled that the assessee is not entitled to deduction under Section 80- IB of the Income Tax Act, 1961 on the amount received / profit derived from the Duty Entitlement Pass Book Scheme (DEPB) and the Duty Drawback Schemes.The bench of Justices M.R. Shah and B.V. Nagarathna held that the profit from DEPB and the Duty Drawback claims cannot be said to be an income...

Same Activity Can Be Taxed As ‘Goods’ & ‘Services’ : Supreme Court Upholds Levy Of Service Tax On “Engineering Design & Drawings”

The Supreme Court has held that the import of “Engineering Design & Drawings” falls under the category of “design services” under section 65(35b) read with Section 65(105) (zzzzd) of the Finance Act, 1994, and are subject to levy of service tax. On the sole ground that “Engineering Design & Drawings” prepared and supplied by sister company were shown as ‘goods’ under...

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court

The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.The division bench of Justice M. R. Shah and Justice C. T. Ravikumar noted:“Therefore, in the...

Govt Employees Can't Be Denied Annual Increment Merely Because They Retired The Next Day Of Earning It : Supreme Court

In a significant judgment, the Supreme Court has held that government employees cannot be denied the annual increment merely because they are to retire on the very next day of earning the increment.A bench comprising Justices MR Shah and CT Ravikumar was deciding the issue "whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on...

Supreme Court Criminal Digest- March 2023

Bail - All prosecuting agencies / State Governments / UTs should issue directions to the Public Prosecutors so that neither in pleadings nor in arguments, is a stand taken contrary to the legal position enunciated by this Court. The circulation in this behalf should be made through the Director of Prosecution and training programmes be organized to keep on updating the Prosecutors in this...

After-Notice Transfer Petitions To Be Listed Before Single Benches Also : Supreme Court Circular

The Supreme Court on Wednesday issued a circular stating that from now onwards, after-notice transfer petitions will also be listed before single judge benches, besides division benches. However, fresh transfer petitions will continue to be listed before single benches."It is hereby notified for information of the Members of the Bar, Party-in persons' and all concerned that the...

Regularisation Of Services | In The Absence Of Sanctioned Post, Govt Can't Be Compelled To Create Posts & Absorb Those In Service : Supreme Court

The Supreme Court, recently, reiterated that in absence of sanctioned posts, the State cannot be compelled to create posts and absorb people who are continuing in service of the State. It noted that Courts cannot direct for creation of posts. A Bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi was deciding a case pertaining to reinstatement and regularisation of members of...

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. 90 days, for seeking benefit of exclusion of period during which the Court remained closed from computation of limitation period. If the application is filed by invoking Proviso to Section 34(3) of Arbitration Act, which...

Supreme Court Monthly Digest March 2023

SUBJECT WISE INDEXAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum...

Shouldn't Seem That Government Is Preferring One Newspaper Over Other: Supreme Court In 'Eenadu' Plea Against AP Govt Order

While hearing a plea filed by the management of Telugu daily "Eanadu" against a scheme of the Andhra Pradesh Government which allegedly promotes the "Sakshi" daily controlled by the Chief Minister, the Supreme Court on Monday orally remarked, "it should not really appear that the government is making one newspaper a preferred newspaper".The Government Order in question sanctioned Rs.200/-...

Data Protection Bill Ready; Will Be Introduced In Parliament In Monsoon Session : AG Tells Supreme Court In WhatsApp Case

During the course of the hearing in pleas challenging the latest privacy policy of WhatsApp, on Tuesday, the Attorney General for India, Mr. R. Venkataramani, informed a Constitution Bench of the Supreme Court that the new Data Protection Bill is ready and would be introduced in the Monsoon Session of the Parliament that is to commence in July, 2023. A 5-Judge Bench comprising Justices KM...

Supreme Court Expresses Disapproval Of NGT Principal Bench Hearing Cases From Western Zone; Warns Of Contempt Action

The principal bench of the National Green Tribunal should know its limitations, said the Supreme Court on Monday. While expressing disapproval over the principal bench of the tribunal allegedly continuing to hear cases arising from the western zone in which they had taken suo motu cognisance, despite the top court’s strictures, Justice BR Gavai said: “There is a specific mandamus...