News Updates
Mamata Banerjee Moves Bombay High Court For Quashing Proceedings In National Anthem Disrespect Case
West Bengal Chief Minister Mamata Banerjee referred to parts of National Anthem to draw the spirit of oneness of India from it, according to Banerjee's petition before the Bombay High Court. Banerjee has sought quashing of a complaint filed against her for allegedly disrespecting the National Anthem during an event.A Single Judge bench will hear the plea on March 27, 2023.The incident...
Manager Asking Employee To Explain Irregularity In Books Of Accounts Not Abetment To Commit Suicide U/S 306 IPC: Gujarat High Court
The recent ruling of the Gujarat Hight Court has made it clear that a Manager asking its employee to explain alleged irregularities in the books of accounts does not amount to abetment to commit suicide under section 306 of the IPC.A bench of Justice Hemant M. Prachchhak observed,"If the person who is sentimental and if he takes some ultimate steps which does not amount to...
Delhi Budget 2023-24: Know The Key Highlights
Kailash Gahlot, the finance minister for Delhi, unveiled the Rs, 78,800 crore budget for the coming financial year 2023–2024. Big announcements were made in the budget in the area of taxation.Establishment of a Tax Policy and Revenue Augmentation UnitThe government has intended to initiate the operationalization of a dedicated Tax Policy and Revenue Augmentation Unit (TPRAU) in the...
'Documentary Evidence' Not Pre-Condition To Avail Remedy U/S 17 SARFAESI Act Against Secured Creditor's Action U/S 13(4): MP High Court
The Madhya Pradesh High Court has made it clear that 'documentary evidence' is not a pre-condition to avail remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against secured creditor’s alleged action under Section 13(4) of the Act.Section 17 provides remedy of appeal before DRT to any...
Madras High Court Quashes The Criminal Proceedings Against Guarantor Of Assessee, For Assessee’s Failure To Pay Tax; States It's Only Contractual Liability And Not Criminal
The Madras High Court has quashed criminal proceedings against the guarantor of the assessee for failing to pay the tax dues of the latter to the Commercial Tax Department. The Commercial Tax Officer (CTO) filed a private complaint before the Judicial Magistrate against the assessee as well as the petitioner, who stood as a guarantor with respect to the tax arrears of the business done...
Arbitrator Under The National Highways Act Has To Give An Award Within 1 Year, Failure Can Result In Termination Of The Mandate: HP High Court
The High Court of Himachal Pradesh has held that the arbitration proceedings under the National Highways Act, 1956 are governed by the Arbitration and Conciliation Act, 1996, thus, the arbitrator so appointed by the Central Government under Section 3G(a) of the National Highways Act is bound to follow the provisions of the A&C Act. The bench of Justice Sushil Kukreja held that...
'Sponsored' Foreign Travel: Delhi High Court Upholds Judicial Officer's Dismissal For 'Accepting Favour' From 'Stranger', says Judge Always Open To Be Judged
“A Judge is a Judge who is always open to be judged,” the Delhi High Court said on Thursday while upholding a judicial officer's dismissal from service for allegedly accepting a "favour" from a "stranger".A division bench of Justice Manmohan and Justice Saurabh Banerjee made the observation while refusing to reduce a major penalty of dismissal of service imposed on the judicial...
Madras High Court Asks College To Pay Rs 5 Lakh Compensation To Family Of Engineering Student Who Drowned In Sea During Coastal Cleanup Drive
The Madras High Court recently awarded a compensation of five lakh rupees to the family of a 3rd Year Engineering Student who drowned in sea during a Coastal cleanup drive organised by the college.Justice SM Subramaniam held that the college was not responsible for the drowning of the student, who had voluntarily taken a bath in the sea despite instructions against the same. However, the...
Kerala High Court Dismisses Public Service Commission's Plea Against KAT Order Permitting Transgender Person To Apply
The Kerala High Court recently dismissed the plea of the Kerala Public Service Commission (KPSC) challenging the interim order of the Kerala Administrative Tribunal that had permitted a transman by the name of Arjun Geetha, to apply for the post of Sub Inspector of Police (Trainee) in Armed Police Battalion.A division bench comprising Justice S V Bhatti and Justice Basant Balaji considering...
Party Can’t Restrict Limitation Period For Invoking Arbitration Contrary To Limitation Act : Delhi High Court
The Delhi High Court has ruled that, in view of Section 28 of the Indian Contract Act, 1872, a party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limitation period provided by law. The Court observed that a lesser period of limitation provided under the Contract between the parties would be hit by Section 28. While dealing...
Assessee Not Responsible To Explain Recipients Of Receipts Shown In Form No. 26AS: ITAT
The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that the assessee is not responsible to explain the recipients of the receipts shown in Form No. 26AS.The two-member bench of Anubhav Sharma (Judicial Member) and N.K. Billaiya (Accountant Member) while deleting the additions observed that the Assessing Officer should have asked the payer, for details of the payee to whom...
Amount Deposited In The Personal Ledger Account Until It Is Not Debited Towards Duties Is Property Of The Assessee: CESTAT
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the amount deposited in the Personal Ledger Account (PLA) until such time as it is not debited towards duties is the property of the appellant.The bench of Anil G. Shakkarwar (Technical Member) has observed that the amount deposited in PLA is an advance kept by the assesses with the exchequer,...