News Updates
High Court's Administrative Side Cannot Seek Review Of Order Passed On Judicial Side: Madras High Court
While dismissing a review application filed by the High Court of Madras on its administrative side, the Madras High Court held that the administrative side cannot seek a review of its own judgments on the judicial side as it would amount to undermining the judicial fibre. Justice PT Asha noted that while an administrative order of the High Court can be subject to scrutiny, the vice...
Payment Received From Foreign Company On Account Of Business Support Services Not Taxable As FTS: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that payments received from foreign companies on account of business support services are held to be taxable as fees for technical services (FTS).The two-member bench of Anubhav Sharma (Judicial Member) and Shamim Yahya (Accountant Member) has observed that Article 12(5) of the India-Netherlands DTAA reveals that it does...
BJP MLA Madal Virupakshappa Moves Karnataka High Court Seeking Anticipatory Bail In Bribery Case
BJP Leader Madal Virupakshappa, allegedly accused in a bribery case, on Monday moved the Karnataka High Court seeking anticipatory bail.A single judge bench of Justice K Natarajan is likely to hear the legislator's plea on Tuesday.A complaint was reportedly lodged before the Lokayuktha Police alleging that Virupakshappa demanded illegal gratification in order to process certain tender...
Lease Rent Paid For Acquiring Mining Rights Is Capital In Nature, Income Tax Deduction Not Allowable: ITAT
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has observed that lease rent paid for acquiring mining rights is capital in nature and income tax deductions cannot be allowed.The two-member bench of Partha Sarthi Choudhary (Judicial Member) and Inturi Rama Rao (Accountant Member) disallowed the amount of Rs. 24,33,339 towards amortization of leasehold premium paid in respect of...
'Independence Of Judiciary Is Not Just A Principle But A Moral Imperative': Justice Hima Kohli
“Independence of the judiciary is not just a principle but a moral imperative. The relevance of an independent judiciary cannot be overstated especially in a country like India which is not just a ‘Democratic Republic’ but has been described in the Constitution, as a ‘Sovereign, Socialist and Secular, Democratic Republic’,” Supreme Court Judge, Justice Hima Kohli said,...
CBDT Notifies Income Tax Exemption To Karnataka State Building and Other Construction Workers Welfare Board
The Central Board of Direct Taxes (CBDT) has notified the income tax exemption under section 10(46) of the Income Tax Act to the Karnataka State Building and Other Construction Workers Welfare Board.The state government framed rules in the interest of the construction laborers in 2007 in order to take up many welfare and development schemes. Keeping in mind the interest of the...
Transporting Goods In A Vehicle Without Proper E-Way Bill Is A breach, Reasons Irrelevant: Calcutta High Court Upholds Penalty
The Calcutta High Court upheld the penalty and stated that there was no requirement in law to verify the reason for transporting goods in a vehicle without a proper e-way bill.The bench of Justice Amrita Sinha has observed that the vehicle in which the goods stood transferred for being transported allegedly to the pre-recorded destination, did not have an e-way bill. The provision of Section...
BJP's Prashant Umrao Moves Delhi High Court For Transit Anticipatory Bail In FIR Over Tweet On Bihar Migrant Workers In Tamil Nadu
Lawyer and Uttar Pradesh spokesperson of BJP Prashant Kumar Umrao has moved the Delhi High Court seeking transit anticipatory bail in an FIR lodged against him by Tamil Nadu police for allegedly spreading false information in a tweet on the alleged attacks against the migrant workers from Bihar in the state. Umrao, a Delhi based lawyer and Standing Counsel for the State of Goa in Supreme...
[S.457 CrPC] Seized Articles Not Produced Before Court Can Be Released Even When Investigation Is Pending: Gauhati High Court
The Gauhati High Court recently held that the criminal court has the jurisdiction under Section 457 CrPC to give custody seized articles at the stage of investigation, when those seized property are not produced before the Court.The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi was hearing a batch of petitions referred by a single judge bench to decide whether...
[Koodathayi Murder] Kerala High Court Refuses To Interfere With Sessions Court Order Dismissing Discharge Petition Of Jolly Joseph
The Kerala High Court on Monday refused to interfere with the trial court proceedings against Jolly Joseph in connection with the murder of her first husband, Roy Thomas. Jolly had filed a revision petition challenging the order of the sessions court which had dismissed her discharge petition.Jolly Joseph is the prime accused in the infamous Koodathayi murders and has been accused of...
Cattle Smuggling: Calcutta High Court Paves Way For ED To Take Anubrata Mondal To Delhi, Dismisses Challenge To Production Warrant
A special bench of Calcutta High Court on Saturday dismissed with exemplary cost, a petition filed by Anubrata Mondal, TMC’s leader and accused in West Bengal Cattle smuggling case, challenging the production warrant issued by a Special CBI Court, Delhi in PMLA case.Mondal was arrested under Section 3 (Offence of money-laundering) and Section 4 (Punishment for money-laundering) of...
Undertake Special Recruitment Drive To Fill Up Vacancies For PwDs: High Court Directs Delhi Govt
The Delhi High Court has directed Chief Secretary of the Delhi Government to undertake a special recruitment drive for filling up backlog of vacancies for persons with disabilities(PwDs) in various departments or establishments in a time bound manner.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also set out a time schedule to be followed by the...