News Updates
Tax Cases Weekly Round-Up: 12 March To 18 March, 2023
Supreme Court Non-Service Of Assessment Orders Inconsequential If Assesee Had Knowledge About Them Otherwise : Supreme Court Case Title: Commercial Tax Officer Versus Neeraja Pipes Pvt. Ltd. Citation: 2023 LiveLaw (SC) 199 Attachment orders issued by the revenue for tax arrears will not be vitiated merely because the assessment orders were not served on the assessee, if...
NGT Forms Joint Committee For Plan To Control Air Pollution Around AIIMS In Delhi
The principal bench of National Green Tribunal (NGT) comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr Senthil Vel (Expert Member) has constituted a seven-member committee to look into the failure of authorities in controlling air pollution around All India Institute of Medical Sciences (AIIMS) in New Delhi.An application was submitted,...
ITO Can’t By-Pass SC Decision In ‘Engineering Analysis’ In The Name Of A Review Petition Filed By Dept: Delhi High Court
The Delhi High Court has set aside the Income Tax Department’s order rejecting the assessee’s application seeking a certificate for “NIL” rate of withholding tax under Section 197 of the Income Tax Act, 1961. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju observed that the concerned officer had failed to consider the Apex Court’s decision in Engineering...
Delhi High Court Weekly Round-Up: March 13 To March 19, 2023
Citations 2023 LiveLaw (Del) 226 to 2023 LiveLaw (Del) 252NOMINAL INDEXMS. X THR. HER NATURAL GURADIAN /FATHER AND ANR. 2023 LiveLaw (Del) 226M/s Balaji EXIM vs Commissioner, CGST and Ors. 2023 LiveLaw (Del) 227M/s Kuldeep Kumar Contractor vs. Hindustan Prefab Limited 2023 LiveLaw (Del) 228Social Jurist, A Civil Rights Group v. Bar Council of India & Ors. 2023 LiveLaw (Del) 229A S RAWAT...
NGT Forms 7-Member Committee To Probe Alleged Environmental Violations By Tent City Project In Varanasi
The National Green Tribunal (NGT) has constituted a seven-member joint committee to investigate alleged environmental violations by the Tent City Project, which is situated on the riverbed of the Ganga river, in Varanasi. The project is alleged to be harmful to the environment and causing untreated sewage to flow directly into the river Ganga. The Tent City Project in Varanasi on the...
Himachal Pradesh High Court Weekly Round-Up: March 13 To March 19, 2023
Nominal IndexAnita Aggarwal Vs State of HP 2023 LiveLaw (HP) 14M/s Gujrat Ambuja Cement Factory, Darlaghat & others Vs Sukh Ram (deceased) through LRs & others 2023 LiveLaw (HP) 15Batt Educational Society Vs State of H. P. & Ors 2023 LiveLaw (HP) 16State of HP Vs Kansi Ram 2023 LiveLaw (HP) 17Judgements/OrdersSec 102 CrPC | Police Officer Empowered To Seize Property Only If...
Fraudulent GSTN Registration: Delhi High Court Directs Petitioner To Reveal Details Of His Friend Who Obtained It
The Delhi High Court has ordered the petitioner to reveal the name of the friend who fraudulently obtained a GSTIN using his credentials at the department.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has directed the petitioner to disclose the identity of his friend, to whom he claims to have handed over his identity documents, to the police authorities as well as to...
Both Sales Tax And Service Tax Cannot Be Made Applicable On The Same Transaction: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that both sales tax and service tax cannot be made applicable on the same transaction.The two-member bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that when the appellant is only cutting the size of the coal to be provided to the customers, it cannot...
When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court
The Kerala High Court on Friday held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower. A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner...
Arbitrary Orders Driving Taxpayer To File Appeal By Depositing 50% Of The Disputed Taxes: Tripura High Court Imposes Cost Of Rs. 25,000 On The Taxes Recoverable From His Salary
The Tripura High Court has imposed a cost of Rs. 25,000/- on the Commissioner of Taxes to be recovered from his salary and to be paid to the Tripura High Court Bar Association for passing an order in an arbitrary manner.The division bench of Acting Chief Justice T. Amarnath Goud and Justice Arindam Lodh observed that orders were passed by the authorities in an arbitrary manner, which was...
Kerala High Court Grants Parole To 'Ripper Jayanandan' For Attending Daughter's Wedding
The Kerala High Court on Friday granted parole for a period of fifteen days to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the wedding of his daughter. In the petition filed by the wife of the convict, their daughter, Advocate Keerthi Jayanandan had appeared as the counsel. Justice Bechu Kurian Thomas, while...
High Court Cannot Expand Definition Of 'Individual Borrower' To Grant Waiver Of Foreclosure Charges: Madras High Court
The Madras High Court recently observed that when “individual borrower” was clearly defined by the Reserve Bank Of India as per law, only the RBI could consider expanding the scope of the definition and not the High Court. The court was hearing a plea filed by famous food chain Murugan Idli Shop's proprietor.S Manoharan, the sole proprietor of Murugan Idli Shop, had contended that he...