Trial Court did not judicially determine admissibility of ...

Trial Court didn't determine admissibility of unstamped doc, just prevented abuse. No Stamp Act violation sans judicial ruling.

July 11, 2024

Case Laws Indian Laws SC

Trial Court did not judicially determine admissibility of insufficiently stamped instrument, merely exercising inherent power u/s 151 CPC to prevent abuse of process. Section 35 of Stamp Act not attracted without judicial determination on admissibility. Courts entrusted to ensure payment of requisite stamp duty, uphold sanctity of legal framework governing stamp duty. Allowing insufficiently stamped instrument undermines legislative intent and fiscal interests. Trial Court's order restoring, High Court order set aside, appeal allowed.

View Source

← Previous Next →

Trial Court did not judicially determine admissibility of ...

Trial Court didn't determine admissibility of unstamped doc, just prevented abuse. No Stamp Act violation sans judicial ruling.

July 11, 2024

Case Laws Indian Laws SC

You may also like:

Refusal to issue Form C - Respondents have sought to withhold furnishing of Form-C till the Petitioners resumes payment of installments as undertaken. Prima facie, we...

Penalty u/s 271G - assessee applied TNMM for determining of ALP - information/documents sought for determining of ALP as per CUP method - the difficulty in maintaining...

The Securities and Exchange Board of India (SEBI) issued the Securities and Exchange Board of India (Stock Brokers) (Amendment) Regulations, 2024, effective upon...

Non collection of TCS (tax collection at source) - DOC is a by-product and it certainly cannot be categorized as scrap and waste and it has its own market value - AO has...

Denial of benefit of set-off on the ground that DOC, a by-product, is not taxable- MP VAT - soya seeds in the manufacture of edible oil and DOC - petitioner is eligible...

Invocation of extraordinary writ jurisdiction - petitioner not entitled to exclusion of time taken in writ proceedings from limitation period for filing appeal. Abuse of...

Early Warning Mechanism to prevent diversion of client securities

Benami GST Registration – Instructions on measures to prevent evasion of tax.

Amendment in Law to Prevent Black Money.

Income from house property - ALV determination - these are the guiding factors for determining the annual rental value of the property and any deviation from the same is...

The case involves a dispute regarding valuation for import assessment. The appellant challenges the rejection of declared value in favor of depreciated value in the...

Duty drawback recovery case involving merchant exporter manufacturing DOC using duty-paid Hexane. Petitioner did not issue ARE-2 while removing DOC, but Commissioner...

Section 142(3) of the CGST Act 2017 is a provision for entertaining and allowing refund of credit, but the refund's eligibility and admissibility under existing law is...

Cenvat credit for service tax paid on 'management fee' and 'common sharing of Head office services' - invoices from the service provider were not in the prescribed...

The HC held that exercising its inherent powers u/s 482 CrPC to prevent abuse of process and secure ends of justice, none of the ingredients for money laundering offense...

Quick Updates: