AO Is Not Clothed With Powers To Ascertain ALP Of Any International Transaction: Delhi High Court

The Delhi High Court has held that AO is not clothed with the powers to ascertain the Arm's Length Price (ALP) of any international transaction.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the AO is not clothed with the powers to ascertain the ALP of any international transaction that is selected based on the transfer pricing risk...

Delhi CM Arvind Kejriwal's ED Arrest In Liquor Policy Case Valid: Delhi High Court

The Delhi High Court on Tuesday dismissed the plea moved by Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) in the money laundering case related to the alleged liquor policy scam case.Justice Swarana Kanta Sharma upheld his arrest and subsequent remand holding that ED was able to place enough material, statements of approvers and AAP's own...

30 Days Grace Period Expired During Court Break, Section 34 Petition Can't Be Entertained Even If Filed On Reopening: Delhi High Court

The High Court of Delhi has held that a Petition under Section 34 of the A&C Act cannot be entertained by the Court even if the 30 days condonable grace period given under the proviso to Section 34(3) of the A&C Act expired during the Court breaks and the petition was filed on the date on which the Court reopened. The bench of Justices Vibhu Bakhru and Tara Vitasta Ganju...

Delhi High Court Seeks Centre's Response On Plea Challenging Suspension Of Wrestling Federation Of India

The Delhi High Court on Tuesday sought response of the Union Ministry of Youth Affairs and Sports on a plea challenging the suspension of the Wrestling Federation of India (WFI).Justice Subramonium Prasad issued notice on WFI's plea challenging the Union Sports Ministry's communication dated December 24 last year announcing the decision. In the communication, the Ministry cited...

Delhi High Court Disposes 40 Yrs Old Dispute Concerning Infringement Of 'FIELD MARSHAL' Trademark

The Delhi High Court has recently disposed of a 40 year old dispute concerning the infringement of “Field Marshal” trademark.Justice Prathiba M Singh decreed a suit filed by an entity, PM Diesels Private Limited in 1985 seeking to injunct another entity, Thukral Mechanical Works from using 'Fieldmarshal' or any other mark deceptively similar to its mark. PM Diesels claimed that it was...

Coal Scam: Delhi High Court Stays Conviction Of Former Union Minister Dilip Ray To Enable Him To Contest Elections

The Delhi High Court on Monday stayed the conviction of former Union Minister Dilip Ray in connection with a coal scam case relating to irregularities in the allocation of a Jharkhand block in 1999, to enable him to contest the upcoming Odisha legislative assembly polls.Justice Swarana Kanta Sharma clarified that the relief does not amount to an acquittal but is merely a suspension of...

Mahua Moitra Entitled To Defend Herself Against Jai Anant Dehadrai's Public Allegations Against Her: Delhi High Court

The Delhi High Court on Monday remarked that Trinamool Congress leader Mahua Moitra is entitled to defend herself in the public domain when allegations are made against her by lawyer Jai Anant Dehadrai in the public domain.Justice Prateek Jalan was hearing Dehadrai's defamation suit alleging that Moitra made defamatory statements against him on social media as well as print and electronic...

Delhi High Court Interprets Rule 11UA For Determination FMV Of Shares U/S 56(2)(viib)

The Delhi High Court has held that it has interpreted Rule 11UA of the Income Tax Rules, 1962, for determining the fair market value (FMV) of shares under Section 56(2)(viib) of the Income Tax Act, 1961.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that Section 56(2)(viib) postulates that the FMV of shares shall be the value determined in accordance...

Proper Officer Has To Consider Reply On Merits And Then Form An Opinion: Delhi High Court

The Delhi High Court has held that the proper officer has to consider the reply on merits and then form an opinion.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the proper officer merely held that the reply is incomplete, not clear, and unsatisfactory, which ex-facie shows that the proper officer has not applied his mind to the reply submitted by...

Delhi High Court Dismisses Plea To Postpone CA Inter, Final Exams Amid Lok Sabha Polls

The Delhi High Court on Monday refused to postpone the Chartered Accountants (CA) inter and final exams 2024 which are scheduled to be held in May. Justice C Hari Shankar dismissed the plea moved by 27 candidates seeking postponement of exams from May to June in view of the Lok Sabha elections. The court said that the mere fact that the candidates may face hardship in undertaking the exam...

'Heavy Costs Should Be Imposed': Delhi High Court On Third Plea To Remove Arvind Kejriwal From CM Post, Lists On Wednesday

The Delhi High Court on Monday listed for hearing on April 10 the plea moved by a former Aam Aadmi Party MLA Sandeep Kumar seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi.Kejriwal is presently in judicial custody in an ED case relating to the excise policy.Justice Subramonium Prasad said that heavy imposed should be imposed on Kumar and questioned him as to how can...

Delhi High Court Weekly Round-Up: April 01 To April 07, 2024

Citations 2024 LiveLaw (Del) 385 to 2024 LiveLaw (Del) 416NOMINAL INDEXSURJIT SINGH YADAV v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 385Sunil Kumar & Ors. v. The State & Ors. 2024 LiveLaw (Del) 386Shri Nomil Rana v. The Union of India and Ors. 2024 LiveLaw (Del) 387BEJON KUMAR MISRA v. UNION OF INDIA & ORS. 2024 LiveLaw (Del) 388Good Life Zip India Versus Commissioner Of...