Putting Together Structure Of Plywood Sheets Can't Be Construed As Constructing 'Residential House' For Claiming Capital Gain Exemption: Delhi HC

“Putting together a structure of plywood sheets cannot be construed as constructing a residential house,” the Delhi High Court has held. It thus upheld an ITAT order which disallowed capital gains exemption to the appellant-assessee under Section 54 of the Income Tax Act, 1961 on the ground that a mere 'makeshift' structure was raised in the name of residential house. Section...

Can't Fault AO's Estimation Of Undisclosed Deposits In Foreign Bank When Assessee Fails To Produce Account Statement: Delhi HC

The Delhi High Court has made it clear that it cannot fault the estimation of an Assessing Officer regarding the quantum of deposits made by an assessee in an undisclosed foreign bank, when the latter himself fails to produce the account statement. “Counsel for the Assessee also concedes that in the absence of the Assessee producing the relevant material, the AO was well...

Arbitration Clause From Another Contract Can Be Incorporated Into Contract Only By Specific Reference: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad affirmed that the arbitration clause from another contract can be incorporated into the contract when there is a clear intention that arbitration clause contained in another contract would also be incorporated in the contract by which the disputes would be resolved. Brief Facts The present petition has been filed under...

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh affirmed that if there is a neutral location specified in the contract data, that location would be the place of arbitration and the court having supervisory jurisdiction over the place would have jurisdiction. If no such location is specified, the provisions of the CPC from sections 16 to 20 would be attracted for determining the...

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.“There is no reason why an individual who has been duly cleared of any guilt by law should be allowed to be haunted by...

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court. Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can...

Arbitral Tribunal Imposing Exorbitant Interest Not Violative Of Fundamental Policy Of Indian Laws: Delhi High Court

The Delhi High Court bench of Justice Yashwant Varma and Justice Dharmesh Sharma, while hearing a review petition of an appeal filed by the appellant u/s 37(1)(b) of the A&C Act read with Section 13 of the Commercial Court Act observed that the exuberant interest rate charged in the commercial world depends upon the transparency of the terms and conditions of the contract entered...

Purpose & Function Of Product Is Relevant For Classification Under 'Customs Tariff' Heading, Not Tech Used In Such Product: Delhi High Court

The Delhi High Court has held that it is not the technology which is used in the product that decides its HSN classification under the Customs Tariff Heading (CTH) for the purposes of Customs Tariff Act, 1975. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma held that it is rather the product, which may be created using a particular technology, which decides the...

Merit Based Review Of Arbitral Award Is Impermissible Under Section 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta affirmed that the scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction. It is well-settled that that a merit based review of an arbitral award involving reappraisal of factual findings is impermissible. The mere possibility of an alternative view on facts...

'Sorry State Of Affairs': Delhi HC Summons Tihar Jail Superintendent Over Failure To Provide Medical Assistance To PMLA Accused

The Delhi High Court has summoned a superintendent of Tihar Jail over failure to provide medical assistance to an accused in a money laundering case despite a judicial order.Justice Chandra Dhari Singh directed the concerned Jail Superintendent to be present before the Court on November 26 and explain the reasons as to why contempt proceedings should not be initiated against him for...

Delhi High Court Refuses To Quash FIR Against Matrix Cellular, Others Accused Of Selling Substandard Oxygen Concentrators During COVID-19

The Delhi High Court has refused to quash an FIR registered against Matrix Cellular, its CEO and others accused of selling defective and substandard oxygen concentrators at inflated prices during the COVID-19 pandemic.Justice Dinesh Kumar Sharma said that it is not appropriate to quash the proceedings at the stage while investigation is still pending.“The factum of oxygen concentrators...

Delhi High Court Issues Notice On Arvind Kejriwal's Plea Against Cognizance Of ED Chargesheet, No Stay Granted Today

The Delhi High Court on Thursday issued notice on the plea filed by Aam Aadmi Party (AAP) Chief Arvind Kejriwal challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri granted time to ED to respond to the plea. However, the Court did not pass any order in the...