ITO Can't Retain Amount Deposited By Taxpayer Without Framing Final Assessment Order During Period Of Stay: Delhi High Court

The Delhi High Court allowed assessee's petition seeking refund of amounts which was deposited towards part payment of demand raised in pursuance of assessment order for AYs 2008-09 and 2009-10.The Division Bench comprising Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav observed that “Since the remit ordered by the ITAT, admittedly, was rendered prior to 1 June 2016, it...

Services Provided By Irish Company To Its Indian Counterpart Not Technical Services: Delhi High Court Quashes Order Denying Nil/Lower TDS certificate

The Delhi High Court has quashed the order denying Nil or lower TDS certificates and held that the services provided by the assessee, Irish Company, to its Indian counterpart were not technical services.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that though the power to grant a TDS certificate was merely a preliminary examination of the issue...

Clandestine Removal And Under-Valuation Charges Can't Be Sustained Merely Based On Assumptions And Presumptions: Delhi High Court

The Delhi High Court has held that the charges of clandestine removal and under valuation cannot be sustained merely on the basis of assumptions and presumptions. The absence of direct, credible evidence linking the respondents to the alleged offences necessitate the dismissal of the charges. The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the...

Delhi High Court Rejects Bloomberg's Appeal Against Trial Court Order To Take Down 'Defamatory' Article On Zee

The Delhi High Court on Thursday dismissed the appeal preferred by news and media platform “The Bloomberg” against a trial court order directing it to take down an allegedly defamatory article on Zee Entertainment Enterprises Limited.Justice Shalinder Kaur upheld the trial court order and granted three days time to The Bloomberg to comply with the directions of the Additional...

ED Summons Can't Be Quashed Merely Because Documents Required For Confrontation Or Probe Not Specified In It: Delhi High Court

The Delhi High Court has said that the summons issued by Enforcement Directorate (ED) cannot be quashed merely because relevant documents required for investigation or confrontation with an accused have not been specified in them.Justice Anoop Kumar Mendiratta said the summoning, in exercise of statutory powers, cannot be stalled merely on mere apprehension that the accused may be arrested...

Delhi HC Rejects Litigant's Appeal Claiming Ownership Of Land Between Ganga And Yamuna From Agra To Gurugram, Imposes ₹1 Lakh Costs

The Delhi High Court on Thursday dismissed with Rs. 1 lakh costs the appeal moved by a litigant, Kunwar Mahendra Dhwaj Prasad Singh, who claimed property rights on the territory of Agra, running between rivers Yamuna and Ganga, to Meerut and other places including 65 revenue estates of Delhi, Gurugram and Uttarakhand.A division bench of Acting Chief Justice Manmohan and Justice Manmeet...

'Lackadaisical': Delhi High Court Unhappy Over Non-Compliance Of Ruling On Drafting Settlement Agreements In Matrimonial Cases

The Delhi High Court has recently expressed displeasure over non-compliance of its last year's ruling wherein guidelines were framed on drafting of mediation settlement agreements in matrimonial cases, with special reference to clauses dealing with criminal cases.Justice Swarana Kanta Sharma observed that failure to effectively communicate and implement the directions poses a significant...

'Policy Decision': Delhi High Court Upholds Bar On OCIs From Participating In International Maths Olympiad On Behalf Of India

The Delhi High Court has upheld the decision to not allow non-citizens or Overseas Citizens of India (OCIs) to participate in the International Mathematical Olympiad, observing that it is a policy decision. “There is, therefore, a justifiable reason for not permitting non-citizens to represent India in International Maths Olympiad, and the decision cannot, therefore, be treated as...

Delhi High Court Issues Notice On Caravan's Plea Against Centre's Order To Remove Article On Army

The Delhi High Court has issued notice on a plea filed by magazine The Caravan challenging an order of the Union Government to take down its article on allegations of torture and murder against the Indian Army in Jammu and Kashmir's Poonch district. Justice Subramonium Prasad sought response of the Central Government and listed the matter for hearing on May 09. “Issue notice. Learned...

Supreme Court Collegium Accepts Transfer Requests Of Delhi High Court's Justice V Kameswar Rao & Justice Sanjeev Sachdeva; Recommends Their Transfer

The Supreme Court Collegium has recommended the transfer of Delhi High Court judges, Justice V Kameswar Rao and Justice Sanjeev Sachdeva to Karnataka and Madhya Pradesh High Courts respectively.The collegium of the Apex Court headed by Chief Justice of India, Justice DY Chandrachud, has recommended the transfers in the interest of better administration of justice, upon individual requests made...

Evidence Recorded In Special Enquiry Team Won't Be Relied Upon In Departmental Enquiry Against Sameer Wankhede: Delhi High Court Clarifies

The Delhi High Court has clarified that the evidence recorded in the Special Enquiry Team (SET) will not be relied upon in the departmental enquiry proposed to be held against Sameer Wankhede as per law in relation to the Cordelia cruise drugs case. A division bench of Justice Rekha Palli and Justice Shalinder Kaur disposed of Wankhede's plea against an order passed by the Central...

Surprised That Govt Which Announced 'Mahila Samman Yojna' Has Appealed Against Granting Maternity Benefits To Young Woman: Delhi HC Imposes ₹50K Costs

The Delhi High Court has expressed surprise over the Delhi Government's decision to file a “misconceived appeal” challenging a single judge order which granted maternity and medical benefits to a young woman.A division bench of Justice Rekha Palika and Justice Shalinder Kaur took note of the Delhi Government's steps to promote the interest of women in the city, including the...