Judicial Discipline High time to Evolve the Concept of Judicial Accountability

By Narendra Sharma, Consultant (Legal)   Introduction Recently in Commissioner of Income-tax Vs. General Insurance Corporation (2007)19 CLA-BL Supp 85 (SC) (decided on 25 September, 2006) (hereinafter referred to as ˜CIT Vs. GIC™) the Hon™ble Supreme Court has held that expenditure incurred by the company on account of stamp duty and registration fee for the … Read More

Withdrawal of Withdrawal Application Permissible SC

By Narendra Sharma, Consultant (Legal)   Recently, hon™ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705 = 2011 (1) SCALE 469; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows.   2. ¦¦¦¦.Rules of procedure are handmaids of justice. Section 151 of the Code… Read More

Beg to Differ SC Judgment in Sita Ram Gupta Vs Punjab National Bank and Ors

By Narendra Sharma, Consultant (Legal) 1. Introduction Recently, a 2 judge bench of hon™ble Supreme Court in Sita Ram Gupta Vs. Punjab National Bank and Ors {(2008) 5 SCC 711, Appeal (civil) 1878 of 2008, Date of judgment: 10/03/2008} held as follows (in para 8):   8¦¦¦¦we hold that in view of the nature of… Read More

Service Tax exemption to professionals withdrawn w.r.t appearance before any statutory authorities

Vide the below Notification, the Ministry of Finance has rescinded the earlier Notification no. 25/2006 dated 13th July 2006 which exempted the levy on service tax with respect to services provided or to be provided by a practicing chartered accountant, a practicing cost accountant and a practicing company secretary respectively, in his professional capacity, to a… Read More

Tags: Notification no. 25/2006Notification no. 32/2011

Exemption from Service Tax on Coaching and Training services

Notification No.33/2011 Service Tax [F. No. 334/3/ 2011 TRU] Government of India Ministry of Finance (Department of Revenue) New Delhi, the 25th April, 2011 G.S.R. (E) - In exercise of the power conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government on being satisfied that it… Read More

Tag: Notification no. 33/2011

Arbitration Clause in General Insurance Policies A Legal Gimmick to Avoid Liability

  Author: Narendra Sharma, Consultant (Legal) E-mail: nkdewas@yahoo.co.in   If parties to a contract have agreed to something unreasonable, they should be treated as if they have not agreed at all and be released. This happens in the case of general insurance contracts and is dealt with here in the light of a recent decision. Introduction… Read More

Exemption from Service Tax granted to Hospitals, Nursing Homes etc.

  Taxable Services provided or to be provided by any Hospital, Nursing Home, or Multi-specialty Clinic to an employee of a business entity or any person covered by Health Insurance Scheme has been exempted vide below Notification.   Notification No. 30/2011 Service Tax [F. No. 334/3/ 2011 TRU] Government of India Ministry of Finance (Department of… Read More

Tags: Notification no. 30/2011Services provided by Hospitals & Nursing Homes

Stamp duty not payable in case of increase in Authorised Share Capital in Delhi

The Delhi High Court, in its recent judgment dated 21.04.2011,  has ordered that no Stamp duty can be levied on the increased amount of Authorised Share Capital. The Petitioner - M/s S.E. Investments questioned the authority and competence of the Registrar of Companies and  the Collector of Stamps- Govt. of National Capital Territory of Delhi to… Read More

Tag: Stamp duty in case of increase in Authorise share capital

Service Tax not applicable on fees for short-duration open programmes by IIM

The Indian Institutes of Management (IIM)  have won the fight for service tax exemption on fees generated by short-duration open enrolment Executive Programmes. The Central Board of Excise and Customs, a wing of the department of revenue under the finance ministry, has gone back on its decision to charge service tax on these programmes. In… Read More

Conditions and Modalities for registration of contracts of Assam Comilla Cotton with DGFT

Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhavan, New Delhi. Policy Circular No. 29(RE-2010)/2009-14   Dated the  19th April, 2011 (Issued from F.No 01/91/180/1194/AM10/Export Cell) To All Customs Authorities / All Regional Authorities / Members of Trade.   Subject:-  Conditions and modalities for registration of contracts of Assam Comilla Cotton  with DGFT. As per Notification… Read More

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