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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment....

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd. (CDBL). The facts revealed that by a Memorandum ...

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Supreme Court Dismisses Appeal in Kidnapping and Compelled Marriage Case Under IPC. Conviction upheld under Sections 366, 343, 323 and 506 IPC as prosecution proved forcible abduction of minor victim with intent to compel marriage, supported by victim testimony and school records establishing age....

The appeal arose from a criminal case where the appellants were convicted for kidnapping a woman with intent to compel marriage and related offenses. The appellants were tenants of the complainant and...

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Supreme Court Dismisses Department's Appeal in Permanent Establishment Tax Dispute Under India-Korea DTAA. Court Upholds ITAT's Finding of Permanent Establishment but Remands Profit Attribution for Fresh Assessment Due to Insufficient Material....

The dispute arose from the taxability of income attributable to a permanent establishment set up in India by Samsung Heavy Industries Co. Ltd., a South Korean company, under the India-Korea Double Tax...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that no fresh dispute on AGR dues can be raised after final judgment and that spectrum cannot be subject of IBC proceedings....

The Supreme Court was hearing miscellaneous applications in the ongoing litigation concerning the definition of Adjusted Gross Revenue (AGR) and the payment of dues by telecom service providers. The b...

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Supreme Court Examines Bona Fides of Insolvency Proceedings by Telecom Service Providers to Avoid AGR Dues. The Court held that AGR dues are final and no fresh disputes can be raised, and directed examination of whether insolvency proceedings under IBC are a subterfuge....

The Supreme Court was hearing applications in the ongoing AGR dues matter, where the Union of India sought extension of time for payment. The Court had earlier passed a judgment on 24.10.2019 defining...

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Supreme Court Allows Landlord's Appeal in Rent Control Case — Notice Requirement Under Section 21(1)(a) Proviso of U.P. Rent Control Act Can Be Satisfied by Oral or Written Notice, No Mandatory Mode Prescribed. The Court restored the eviction order, holding that the High Court erred in reversing concurrent findings on notice and comparative hardship....

The appellant, Mohd. Asif Naseer, purchased a shop (Shop No.64) in Lucknow via registered sale deed dated 29.10.2004. The respondent, West Watch Company, was a tenant in the shop since 1951, paying a ...

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Supreme Court Quashes Charges Under SC/ST Act for Lack of Caste-Based Insult and Public View Requirement. Allegations of Land Dispute Do Not Attract Section 3(1)(r) of SC/ST Act as Insult Not on Account of Caste and Incident Occurred Inside Building Not in Public View....

The appellant, Hitesh Verma, challenged the order of the High Court of Uttarakhand dismissing his petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the charge-sheet and s...

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Supreme Court Dismisses Criminal Appeal in Life Imprisonment Case After Premature Release Under Article 161. The appeal became infructuous as the appellant was released under the Governor's constitutional pardon power, which overrides statutory minimum sentence requirements under Section 433-A of the Code of Criminal Procedure, 1973....

The dispute involved a criminal appeal by an appellant convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to life imprisonment. The appellant, aged above 75 years,...

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Supreme Court Allows Appeals in Fee Fixation Case, Restoring Single Judge's Interim Order. State's Interim Fee Fixation Without Following Statutory Procedure Under Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 and Rule 4 Was Held Prima Facie Illegal....

The dispute arose from the Andhra Pradesh Government's interim fee fixation for unaided engineering colleges for the block period 2019-2022, without following the statutory procedure under the Andhra ...